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P.I. Samba & Company Advocates v Bunoil Limited (Environment and Land Miscellaneous Application E090 of 2021) [2023] KEELC 16360 (KLR) (23 March 2023) (Ruling)
Neutral citation:
[2023] KEELC 16360 (KLR)
Republic of Kenya
Environment and Land Miscellaneous Application E090 of 2021
AA Omollo, J
March 23, 2023
Between
P.I. Samba & Company Advocates
Advocate
and
Bunoil Limited
Defendant
Ruling
1.The advocate/applicant has moved this court vide the Notice of Motion dated July 25, 2022 brought under the provisions of Section 5(2) of Advocates Act, paragraph 7 of the Advocates Remuneration Order and order 51 of the Civil Procedure Rules 2010. The orders sought are:a)Judgment be entered for PI Samba & Company Advocates in terms of the Certificate of Taxation dated July 21, 2022.b)Interest at the rate of 14% be deemed to have accrued from the date of service of the Bill of Costs until payment in full.c)Costs of the Application.
2.The application is premised on the applicant’s affidavit and the following grounds;
3.The Respondent/client filed a replying affidavit sworn on January 31, 2023. He deposed that over the last two years, the Applicant has either extracted or is in the process of extracting certificates of taxation several matters including the following;
4.That the total sum payable to the Applicant from taxed costs is close to Kshs 90,000,000 which amount the Respondent cannot muster to pay in lump sum. He urged that he be allowed to liquidate the judgment sum awarded if any in reasonable monthly instalments to be paid from the date of the order until final settlement. He also prayed that this court does restrain the plaintiffs from levying execution as long as the Applicant pays the proposed monthly instalments. The Respondent concluded that in the alternative, the court does exercise her discretion and order the matter be set down for mediation.
5.From the contents of the affidavit filed in reply to the application, the Respondent has not contested the orders sort except for making a prayer to settle the decretal sum in monthly instalments. Unfortunately, the Respondent did not make any proposals on the monthly instalments he intends to make towards settling the amounts due. Secondly, the decrees listed are obtained in independent files so there is no way an order can be made in this file to affect them unless such an order is made by consent of the parties.
6.Section 51(2) of the Advocates Act Provides that;
7.The section upon which the judgement is sort allows for the taxed costs to be converted into a judgement of the court. In this case, the grant of these orders have not been contested. The Respondent is at liberty to file the necessary application for stay of execution and or payment by instalments. For now, the request made for conversion of the taxed costs in the sum of Kshs 1,444,664.20 into a judgement is allowed as prayed together with interests at court rates from the date of service of the Bill of costs until payment is made in full. Since the application was not opposed, I award the applicant half costs of the application.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MARCH, 2023A. OMOLLOJUDGEIn the presenceZul Mohammed for ApplicantMrs Eunice Akello
