[2016] KEHC 2002 (KLR)
The court found that the application for entry of judgment on taxed costs was properly served and unopposed. The applicant produced a valid certificate of taxation and an affidavit of service. There being no challenge to the certificate or the application, and the procedural requirements having been met, the court...
Source-derived case information.
- Citation
- [2016] KEHC 2002 (KLR)
- Parties
- Applicant: B.M. Mung’ata & Co. Advocates; Respondent: Jacenta Nthenya Kilonzi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 174 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Taxation of Costs, Entry of Judgment, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B.M. Mung’ata & Co. Advocates
Applicant
Jacenta Nthenya Kilonzi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether the application, being unopposed and properly served, should be allowed.
Ratio Decidendi
The court found that the application for entry of judgment on taxed costs was properly served and unopposed. The applicant produced a valid certificate of taxation and an affidavit of service. There being no challenge to the certificate or the application, and the procedural requirements having been met, the court held that the applicant was entitled to judgment for the taxed amount. The application was therefore allowed in its entirety.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant in the sum of Kshs.182,707 with costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
MISC. CIVIL APPLICATION NO. 174 OF 2015
B.M. MUNG’ATA & CO. ADV. ..............................................APPLICANT
VERSUS
JACENTA NTHENYA KILONZI ......................................RESPONDENT
RULING OF THE COURT
1. The Notice of Motion application before the court seeks that a judgment be entered for the Applicant in the sum of Kshs.182,707 with costs in the cause.
2. The application is not opposed. It was served and there is an affidavit of service filed on 21st September 2016. It is supported by affidavit of Stanley Nthiwa sworn on 17th June 2016. It is also supported by Certificate of Taxation dated 24th February 2016. In my view the application is merited and I hereby allow it in its entirety.
Orders accordingly.
Dated and delivered at Machakos this 4thday of October 2016.
...................
E. OGOLA
JUDGE
In the presence of;
Mr. Kaluu holding brief for Nthiwa
Court Assistant – Mr. Munyao