Case ID:160692

Waiganjo Wachira & Co Advocates v Pacis Insurance Company Limited [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Application 69 of 2018

Parties:

Waiganjo Wachira & Co Advocates v Pacis Insurance Company Limited

Date Delivered:

30 Jun 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Jacqueline Nancy Kamau

Citation:

Waiganjo Wachira & Co Advocates v Pacis Insurance Company Limited [2020] eKLR

Court Division:

Civil

County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

MISCELLANOUS APPLICATION NO 69 OF 2018

WAIGANJO WACHIRA & CO ADVOCATES......................ADVOCATES

VERSUS

PACIS INSURANCE COMPANY LIMITED...................................CLIENT

RULING

1. The Applicant’s Notice of Motion application dated 4

th

July 2019 and filed on 10

th

July 2019 sought entry of judgment for the taxed Advocate/Client Costs of Kshs 100,599/= contained in the Certificate of Taxation dated 24

th

June 2019 with interest thereon at the rate of fourteen (14%) per cent per annum with effect from 22

nd

January 2018 until payment in full. It also prayed for costs to be awarded to the Applicant herein.

2. The said application was supported by the Affidavit of James Ichaura Wachira that was sworn on 4

th

July 2019. He stated that he was instructed by the Respondent herein to represent its insured in

Nairobi Civil Case No 7981 of 2016 Cliff Nyauma Obegi vs Bernard W. Kanyingi & Another

and the firm of M/S S. O. Madialo & Co Advocates entered appearance for the opposing party.

3. He averred that on 22

nd

January 2018, the Applicant filed an Advocate/Client Bill of Costs and a Certificate of Taxation for Kshs 100,599/= which was duly issued on 24

th

June 2019. It was his contention that it was in the interests of justice that judgment be entered as had been sought by the Applicant herein so that it could recover the full amount due to it.

4. On 30

th

October 2019, this court granted the Respondent herein an opportunity to file its response to and Written submissions in respect of the present application. However, as the time it reserved its Ruling, the Respondent had not filed the aforesaid documentation.

5. It was therefore apparent that the present application was unopposed. However, the court could not grant the orders sought as a matter of course and therefore carefully considered the said application.

6. A perusal of the Affidavit of James Ichaura Wachira advocate and the grounds on the fact of the present application showed that the Advocate-Client Bill of Costs was taxed and a Certificate of Costs issued as aforesaid. There was no dispute on retainer of the Applicant by the Respondent. There was also on evidence that the Respondent had filed a reference that was pending hearing and/or determination and/or that the aforesaid Taxation of Costs had been set aside and/or vacated.

7. As advocates do not offer any charity work to clients when they offer their legal services and must then be paid their dues, this court came to the firm conclusion that the Applicant had satisfied it that it was entitled to the said costs.

DISPOSITION

8. Accordingly, the upshot of this court’s ruling was that the Applicant’s Notice of Motion application dated 4

th

July 2019 and filed on 10

th

July 2019 was merited and the same is hereby allowed as prayed.

9. It is so ordered.

DATED and DELIVERED at NAIROBI this 30

th

day of June 2020

J. KAMAU

JUDGE