[2022] KEHC 14580 (KLR)
The court found that the applicant had obtained a certificate of taxation for the sum of Ksh 685,927, which had not been challenged by the respondent through reference or appeal. The respondent failed to file any response to the application for entry of judgment. In the absence of any opposition or challenge to the...
Source-derived case information.
- Citation
- [2022] KEHC 14580 (KLR)
- Parties
- Applicant: Amwbere T/S & Associates Advocates; Respondent: Mohamed Swaleh Karama
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 23 of 2021
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for applicant
- Judges
- JN Onyiego
- Legal Topics
- Taxation of Costs, Entry of Judgment, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amwbere T/S & Associates Advocates
Applicant
Mohamed Swaleh Karama
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment based on the certificate of taxation.
- 2 Whether there is any valid challenge or reference against the taxed costs.
Ratio Decidendi
The court found that the applicant had obtained a certificate of taxation for the sum of Ksh 685,927, which had not been challenged by the respondent through reference or appeal. The respondent failed to file any response to the application for entry of judgment. In the absence of any opposition or challenge to the certificate of costs, the court held that it was bound to enter judgment in favour of the applicant for the amount certified. The court emphasized that a successful litigant should not be deprived of the fruits of their judgment, and there being no legal impediment, granted the orders sought by the applicant.
Court Disposition
judgment for applicant
Orders
- Judgment is entered in favour of the applicant for Ksh 685,927 with interest at court rates as per the certificate of taxation.
Full Case Text
Judgment text and source record
19 paragraphs
Amwbere T/S & Associates Advocates v Karama (Miscellaneous Application 23 of 2021) [2022] KEHC 14580 (KLR) (30 September 2022) (Judgment)
Neutral citation: [2022] KEHC 14580 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application 23 of 2021
JN Onyiego, J
September 30, 2022
Between
Amwbere T/S & Associates Advocates
Applicant
and
Mohamed Swaleh Karama
Respondent
Judgment
1. By a Notice of Motion dated March 31, 2017, the applicant herein sought an order for entry of judgment to the tune of Ksh 683,927 with interest at court rates pursuant to a certificate of taxation dated February 23, 2022. The application is based on grounds stated on the face of it and averments contained in the affidavit in support sworn by Shitakha Tom Ambwere advocate on April 1, 2022.
2. It is the applicant’s case that on February 17, 2022 the Deputy Registrar Hon. Nyariki delivered a ruling thus taxing their advocates -client bill of costs at Ksh 685,927 and a taxation certificate to that effect issued on February 23, 2022 .That to date no payment has been made nor reference filed. Despite service of the application herein, the respondent did not file any response. The application was therefore urged exparte.
3. During the hearing, Mr Ambwere adopted the content contained in the affidavit in support. I have considered the application herein and the affidavit in support plus the averments thereof. From the record, it is clear that there is a certificate of costs arising out of the advocates – clients’ bill of costs which has not been challenged by way of reference. The application herein has not been opposed either.
4. It is trite that a successful litigant should be left to enjoy the fruits of his judgment. In the absence of any response to the application and or any appeal or reference challenging the certificate of costs, this court has no option but to enter judgment in favour of the applicant as prayed.
Dated, signed and delivered at Mombasa this 30thday of September, 2022. ...........................J.N.ONYIEGO (JUFDGE)JUDGEMisc Application 23 of 2021 Ruling Page 1 of 1