V Chokaa & Co Advocates v Roy Hauliers Limited (Miscellaneous Application E228 of 2024) [2025] KEELRC 497 (KLR) (20 February 2025) (Ruling)

Summary at a glance

Facts

The advocate filed a Bill of Costs which was taxed on 30 September 2024. The Respondent filed a Summons under a Certificate of Urgency seeking various orders, including a stay of execution of the taxed costs.

Issues

• Whether the Summons is without merit and should be dismissed with costs.
• Whether the Amended Motion should be allowed with specific terms.

Reasoning

The Summons was found to be without merit and the advocate's motion was allowed with specific terms.

Outcome

The Summons is dismissed with costs, and judgment is entered for the advocate.

Orders

• The Summons dated 8 October 2024 is dismissed with costs.
• Judgment is entered for the advocate in the sum of Kshs 94,635/-.
• The Respondent is ordered to pay interest on the costs at 14% from the date of taxation.
• The advocate is awarded costs of the Motion.

Remedies

• Judgment in favor of the advocate for Kshs 94,635/-.
• Interest on the costs at 14% from the date of taxation.