MUTHOGA GATURU & CO. ADVOCATE V. GABRIEL WAWERU WANJOHI & T/A MOUNTAIN ROCK HOTEL

RULING

The applicant’s costs against the respondent were allowed by the Deputy Registrar in the sum of Kshs.89,126.85 and a Certificate of Taxation issued. The respondent has not settled the taxed costs hence this application which seeks that judgment in the aforesaid sum of Kshs. 89,126.85 be entered.

Despite service of the hearing notice, the respondent or his counsel did not attend to canvass their notice of preliminary objection in which it is contended that this application is incompetent, defective and premature and ought to be struck out.

The applicants’ averments which have not been challenged are to the effect that they were instructed by the respondent on 6^th February, 1997 in Nakuru C.M.C.C.No.1558 of 1996. Until 13^th February, 1998 when the respondent withdrew instructions, the applicants had performed their part of the brief. That the respondent has failed/refused to pay their professional fees.

The applicants filed a bill of costs which was taxed at Kshs. 89,126.85. The res…