Tom Ojienda & Associates v County Government of Nairobi (Environment & Land Miscellaneous Case 83 of 2018) [2024] KEELC 1616 (KLR) (20 March 2024) (Ruling)

Summary at a glance

Facts

The Applicant sought to recover a bill of costs of Kshs 6,198,454.20 from the Respondent, claiming the Respondent owed Kshs 25,000,000 for legal fees. The Respondent disputed the bill and claimed the Applicant owed them Kshs 18,801,545.80.

Issues

• Whether the application seeking entry of judgment is merited.
• Whether the Respondent owed the Applicant Kshs 25,000,000 for legal fees.

Reasoning

The court found merit in the application and allowed it, noting that the issue of part payment of Kshs. 25,000,000 by the Respondent was neither pleaded nor argued and that the court cannot consider new facts.

Outcome

The application is allowed.

Orders

• The Applicant is awarded the sum of 6,198,454.20 as per the Certificate of Taxation.
• The Applicant is allowed to execute the judgement herein against the Respondent the County Government of Nairobi.

Remedies

• Judgment for the Applicant for the sum of 6,198,454.20 as per the Certificate of Taxation.
• Allowance to execute the judgement against the Respondent.