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Tom Ojienda & Associates v Buluma (Miscellaneous Civil Application E080 of 2021) [2022] KEHC 9765 (KLR) (14 July 2022) (Ruling)
Neutral citation:
[2022] KEHC 9765 (KLR)
Republic of Kenya
Miscellaneous Civil Application E080 of 2021
FA Ochieng, J
July 14, 2022
Between
Tom Ojienda & Associates
Applicant
and
Morris Indakwa Buluma
Respondent
Ruling
The Applicant/Advocate is Prof. Tom Ojienda & Associates, Advocates. They have brought the application pursuant to a Ruling which was delivered by the Taxing Officer on 6th July 2017.
1.The supporting affidavit indicates that the Applicant was awarded costs in the sum of Kshs 997,542/=.
2.Annexed to the affidavit were the Bill of Costs dated 15th December 2015; and the Ruling dated 6th July 2017.
3.When canvassing the application, the Applicant pointed out that there was no order of stay or setting aside or alteration of the Ruling on Taxation.
4.Pursuant to Section 51 (2) of the Advocates Act, the Certificate of the taxing officer issued by the taxing officer who had taxed a Bill, shall be final as to the amount of the costs covered thereby, unless it has been set aside or varied.
5.In answer to the application, the Respondent, Hon. Morris Indakwa Buluma, filed a replying affidavit.
6.He denied ever being served with the Applicant’s Bill of Costs.
7.A perusal of the Bill of Costs annexed to the application shows that it was in relation to;
8.The said Misc. Cause was at the Court of Appeal, at Kisumu.
9.The Misc. Cause was said to have arisen from;
10.As reflected on the face of the documents exhibited by the Applicant, the name of Hon. Morris Indakwa Buluma is not there.
11.In the light of the material presented before this Court, I am unable to grant Judgment against the Respondent herein. I so find because the Advocate/Client Bill of Costs from which the costs were awarded, does not have his name, as a Respondent thereto.
12.Secondly, the Applicant has failed to provide this Court with the Certificate of Costs or the Certificate of Taxation, which the taxing officer issued against the Respondent.
13.Accordingly, the application dated 7th May 2021 is dismissed, with costs to the Respondent.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF JULY 2022FRED A. OCHIENGJUDGE
