OGUTU WARIUKI & CO. ADVOCATES v JOINT LIQUIDATORS-NDUMBERI FARMERS CO. LTD (IN LIQUIDATION) (? 223 of 1997) [2007] KEHC 3001 (KLR) (13 March 2007) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3001
- Citation
- [2007] KEHC 3001 (KLR)
- Decided
- 13 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks orders that the costs as taxed by the Deputy Registrar be made Judgment of the court and that costs of the application be provided for.CoramJ.L.A. OSIEMO
Holding
The application is allowed in terms of Prayers 1 and 2 of the Notice of Motion dated 16th November 2006.
Facts
The applicant brought a Notice of Motion under Section 51(1) and (2) of the Advocates Act, Rule 7 of the Advocates (Remuneration) Order, and Order L Rule 1 of the Civil Procedure Rules. The costs were already taxed and a Certificate of Costs issued, but the Respondent has not paid the sum and has not filed an appeal against the taxation.
Issues
- Whether the costs as taxed by the Deputy Registrar should be made Judgment of the court.
- Whether the costs of the application should be provided for.
Reasoning
The application is based on the fact that the said costs have already been taxed and a Certificate of Costs issued, and the Respondent is yet to pay the said sum. The Respondent was served with the application but never filed any papers to oppose it.
Outcome
Allowed
Orders
- The costs as taxed by the Deputy Registrar between Client/Advocate be made Judgment of the court.
- Costs of this application be provided for.
Authorities cited
Legislation (3)
- Advocates Act
- Advocates (Remuneration) Order
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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