[2023] KEELC 15805 (KLR)
The court found that the applicant had duly served the respondent with the advocate-client bill of costs and the present application. The respondent failed to respond or oppose the application. Relying on the principle that unopposed applications, if meritorious, should be allowed, and that advocates are entitled to...
Source-derived case information.
- Citation
- [2023] KEELC 15805 (KLR)
- Parties
- Applicant: Samwel Owino Nyauke t/a Aluoch Odera and Nyauke Advocates; Respondent: Homabay County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E017 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Advocate's Fees
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Legal Fees Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Owino Nyauke t/a Aluoch Odera and Nyauke Advocates
Applicant
Homabay County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Advocate's Fees
Legal Issues
- 1 Whether the applicant is entitled to an order compelling the respondent to settle the advocate's fees for legal representation rendered.
- 2 Whether the bill of costs annexed should be taxed and deemed a decree of the court.
- 3 Whether the respondent, having been served, is liable for costs of the application.
Ratio Decidendi
The court found that the applicant had duly served the respondent with the advocate-client bill of costs and the present application. The respondent failed to respond or oppose the application. Relying on the principle that unopposed applications, if meritorious, should be allowed, and that advocates are entitled to recover fees for services rendered, the court granted the orders sought. The bill of costs is to be taxed and deemed a decree of the court, and the respondent is to bear the costs of the application.
Court Disposition
application allowed
Orders
- The respondent shall settle the advocate's fees for legal representation accorded in ELC Misc Case No E003 of 2020.
- The annexed bill of costs shall be taxed and subsequently deemed a decree of the court.
Full Case Text
Judgment text and source record
23 paragraphs
Nyauke t/a Aluoch Odera and Nyauke Advocates v Homabay County Government (Miscellaneous Application E017 of 2022) [2023] KEELC 15805 (KLR) (22 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15805 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Miscellaneous Application E017 of 2022
GMA Ongondo, J
February 22, 2023
Between
Samwel Owino Nyauke t/a Aluoch Odera and Nyauke Advocates
Applicant
and
Homabay County Government
Respondent
Ruling
1. This Ruling is in regard to an application by a notice of motion dated November 1, 2022 and field in court on December 2, 2022 where the applicant through Aluoch Odera and Nyauke Advocates is seeking the orders as follows:a.That an order do issue to the Respondent/Client to settle the Advocate’s fees from the legal representation accorded to the Respondent in Elc Misc Case No Eoo3 Of 2020: Homabay County Government Versus Dr Okello John Robert Liech And Bom Of Rangwena Primary School.b.That upon prayer one above being granted, the bill annexed hereto be taxed and subsequently be deemed to be decree of the Court.c.That the costs of this application be provided for.
2. The application is anchored on an affidavit of seven paragraphs sworn on even dates by Samuel O Nyauke, learned counsel for the applicant and grounds which include;a.That the applicant/Advocate took conduct of the matter and represented the Respondent until the matter was dispensed with.b.That on October 25, 2022 the Applicant/Advocate drew Advocate Client Bill of Costs which was duly served upon the Respondent/Client on the October 26, 2022 but the Respondent/Applicant has failed and/or neglected to remunerate the Advocate/Applicant for the legal services rendered to it.
3. Mr Nyauke learned counsel for the applicant prays that the application be allowed as the Respondents were served as per affidavit of service sworn on February 21, 2023 by learned Counsel Odera Aluoch herein.
4. By the affidavit, the respondents were made aware of this application. They had an option to respond to it or not as noted in Ogada versus Mollin (2009) KLR 620.
5. Indeed, the respondents didn’t reply to the application which is unopposed and meritious.
6. Accordingly, the application is allowed in terms of orders sought therein and as stated in paragraph 1(a), (b) and (c) hereinabove.
7. The respondents to bear costs of this application.
8. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 22ND FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPRESENTMr. Nyauke, learned counsel for the applicant.