[2009] KEHC 2170 (KLR)
The court found that the amount claimed by the plaintiff was properly due as evidenced by the certificate of taxation, and that the defence filed by the defendant did not challenge the claim or raise any triable issues. In the absence of any opposition or credible defence, the court held that summary judgment was...
Source-derived case information.
- Citation
- [2009] KEHC 2170 (KLR)
- Parties
- Plaintiff: Alex S. Masika; Defendant: Epco Builders Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 372 of 2006
- Procedural Posture
- Civil Case / Summary Judgment Application
- Outcome
- judgment for the plaintiff
- Judges
- PM Mwilu, JW Lessit
- Legal Topics
- Summary Judgment, Taxed Costs, Advocate Client Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex S. Masika
Plaintiff
Epco Builders Limited
Defendant
Procedural Posture
Civil Case / Summary Judgment Application
Legal Issues
- 1 Whether the plaintiff is entitled to summary judgment for the taxed sum against the defendant.
- 2 Whether the defence raises any triable issues to warrant a full trial.
Ratio Decidendi
The court found that the amount claimed by the plaintiff was properly due as evidenced by the certificate of taxation, and that the defence filed by the defendant did not challenge the claim or raise any triable issues. In the absence of any opposition or credible defence, the court held that summary judgment was appropriate and entered judgment for the plaintiff for the taxed sum together with costs.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff in the sum of Kshs.1,191,006.80.
- Plaintiff awarded costs of the application and of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 372 of 2006
ALEX S. MASIKA:…………………………………PLAINTIFF
VERSUS
EPCO BUILDERS LIMITED:…………………DEFENDANT
R U L I N G
The Plaintiff herein ALEX S. MASIKA is the Applicant herein. He moves the court under Order XXXV Rules 1 (1) a, (2) (3) and 9 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act and all enabling provisions of the Law that summary judgment be entered for the plaintiff against the Defendant in the sum of Kshs.1, 191,006. 80 being the taxed sum in the suit. It is brought on the grounds that the Defendant is truly and justly indebted to the plaintiff and the sum due is the taxed costs between Advocate and client. That the defence filed is a sham not disclosing any triable issues and it is likely to delay the fair trial of the suit herein.
The Application is supported by the supporting Affidavit of the Applicant which explains the events leading to the amount being claimed now. Nothing is filed in opposition thereto.
I have given due consideration to this application. I have seen the annexure marked ASM 8 which is the certificate of Taxation issued in HC.CC.Mis. Civil Application No.952 of 2006. I find that the amount sought is properly due and the defence as filed does not in any way challenge it. I accordingly enter judgment for the plaintiff in the sum of Kshs.1, 191,006. 80 together with costs of the Application and of the suit.
Orders accordingly.
DATED AT ELDORET THIS 11TH DAY OF MAY, 2009.
P. M. MWILU
JUDGE
DELIVERED AT NAIROBI THIS 15TH DAY OF MAY, 2009.
J. W. LESIIT
JUDGE
IN THE PRESENCE OF:-
………………………..Court Clerk
……………………….Advocate for the Plaintiff
…………………………Defendant