Otieno, Yogo, Ojuro & Company Advocates v John Keen Apodo

Otieno, Yogo, Ojuro & Company Advocates v Apodo (Miscellaneous Civil Application 89 of 2018) [2024] KEHC 16876 (KLR) (23 September 2024) (Ruling) Neutral citation: [2024] KEHC 16876 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION 89 OF 2018 RE ABURILI, J SEPTEMBER 23, 2024 BETWEEN OTIENO, YOGO, OJURO & COMPANY ADVOCATES ..................... APPLICANT AND JOHN KEEN APODO ......................................................................... RESPONDENT RULING 1. The application dated 10th June 2024 seeks that the certificate of costs dated 13th March 2023 be converted into Judgement of the court as a decree to issue for Kshs.100,910 plus 14% p.a interest from 19th February 2024. 2. The taxation was in respect of advocate client bill of costs dated 18th May 2018, for a conveyance transaction conducted by the advocate for the client securing a charge over title No. Suna East/ Wasweta/16919. 3. The Respondent never appeared. Taxation was done on 19th February 2024. The application is brought under Section 51(2) of the Advocates Act. 4. There is an affidavit of service on record which shows that the Respondent was served with the application dated 10th June 2024. There is no opposition filed and the Respondent has not filed any reference to challenge the certificate of costs. 5. In the premises, I hereby allow the application dated 10th June 2024. The certificate of costs dated 13th March 2023 is hereby converted into judgment of the court for the advocate in the taxed sum of Kshs.100,910 and decree to issue. 6. The taxed costs shall earn interest at 14% p.a from 19th February 2024 the date of taxation. 7. I make no orders as to costs of the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16876/eng@2024-09-23 1

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