- In this application by way of Notice of Motion for entry of judgment against the respondent dated 23rd October 2023 brought under Section 51(2) of the Advocates Act (Cap.16) and Rule 7 of the Advocates Remuneration Order and Order 51 rule (1) of the Civil Procedure Rules 2010, counsel for the respondent Mr. Kipkorir conceded to the said application, but requested that it be allowed with no order as to costs.
- On the other hand Mr. Nyambane, learned counsel for the applicant, maintained that the applicant (advocate) is entitled to costs of the application as the Bill of Costs had been taxed long ago and had not yet been settled, thus necessitating the filing of the present application.
- Having considered the rival arguments, in my view, unless agreed otherwise by the parties, costs are awardable, as the applicant certainly incurred costs for filing the application as well as attendances in court, in this application which has now been conceded to.
- I thus so find, and award costs of the application to the applicant. The application is allowed, with costs awarded to the applicant.
Dated, signed and delivered this 3rd day of June, 2024 in open court at Voi virtually.
In the presence of:-
Alfred/Trizah – Court Assistants
Mr. Nyambane for the applicant
Mr. Macharia holding brief for Mr. Kipkorir for respondent