Case ID:168530

Eddy Nicholas O. Orinda t/a One and Associates Advocate v Sun Apartments Limited [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Civil Application 257 of 2019

Parties:

Eddy Nicholas O. Orinda t/a One and Associates Advocate v Sun Apartments Limited

Date Delivered:

16 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Case Action:

Ruling

Judge(s):

Wilfrida Adhiambo Okwany

Citation:

Eddy Nicholas O. Orinda t/a One and Associates Advocate v Sun Apartments Limited [2020] eKLR

Advocates:

Mr. Orinda for the applicant.

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Advocates:

Mr. Orinda for the applicant.

History Advocates:

One party or some parties represented

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

COMMERCIAL AND TAX DIVISION

MISCELLANEOUS CIVIL APPLICATION NO. 257 OF 2019

EDDY NICHOLAS O. ORINDA T/AONE AND ASSOCIATES ADVOCATE.APPLICANT

-VERSUS-

SUN APARTMENTS LIMITED ..........................................................................RESPONDENT

RULING

1. This ruling is in respect to the application dated 27

th

July 2020 wherein the Advocate/Applicant seeks orders as follows: -

1. That judgment and decree be and is hereby entered and issued on behalf of the applicant against the respondent for Kshs 11,291,465.70/- on account of taxed advocate –client legal costs.

2. That interest and costs of this application and of execution be to the applicant.

2. The application is supported by the advocate’s affidavit and is premised on the grounds that: -

1. That the applicant has taxed his advocate-client bill of costs and has been awarded the amount the subject hereto and certificate of taxation issued thereafter.

2. That retainer was never disputed during the taxing of the costs, or at all.

3. That demand and notice of execution has been made but without success.

3. The Respondent did not oppose the application despite proper service with the same as shown in the affidavit of service dated 14

th

December 2020.

4. Consequently, I allow the application dated 27

th

July 2020 as prayed.

Dated, signed and delivered via Microsoft Teams at Nairobi this 16

th

day of December 2020

in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17

th

April 2020.

W. A. OKWANY

JUDGE

In the presence of:

Mr. Orinda for the applicant.

No appearance for the respondent.

Court Assistant: Sylvia