[2021] KEHC 8838 (KLR)
The court found that the applicant had demonstrated entitlement to judgment for the taxed costs as evidenced by the certificate of costs issued by the Deputy Registrar. The respondents did not oppose the application nor attend court, and there was no reason to decline the orders sought. The court therefore entered...
Source-derived case information.
- Citation
- [2021] KEHC 8838 (KLR)
- Parties
- Applicant: B.M Mung’ata & Co. Advocates; Respondent: Mary Ndungwa Muthiani; Respondent: Boniface Mutua Musyoki; Respondent: Cornerstone Homes Ltd
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 14 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs; costs of application to applicant
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Enforcement of Costs Awards, Advocate Client Bills
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B.M Mung’ata & Co. Advocates
Applicant
Mary Ndungwa Muthiani
Respondent
Boniface Mutua Musyoki
Respondent
Cornerstone Homes Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of costs.
- 2 Whether the respondents should pay the costs of the application.
Ratio Decidendi
The court found that the applicant had demonstrated entitlement to judgment for the taxed costs as evidenced by the certificate of costs issued by the Deputy Registrar. The respondents did not oppose the application nor attend court, and there was no reason to decline the orders sought. The court therefore entered judgment for the applicant against the respondents for the taxed amount and ordered that the costs of the application be paid by the respondents jointly and severally.
Court Disposition
application allowed; judgment entered for applicant for taxed costs; costs of application to applicant
Orders
- Judgment is entered for the applicant against the respondents for the taxed amount of Kshs.161,615.50.
- A decree is issued for the taxed amount of Kshs.161,615.50.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCC MISC APPL. NO. 14 OF 2020
IN THE MATTER OF ADVOCATE – CLIENT BILL OF COSTS
BETWEEN
B.M MUNG’ATA & CO. ADVOCATES ............................... APPLICANT
-VERSUS-
MARY NDUNGWA MUTHIANI ...................................1ST RESPONDENT
BONIFACE MUTUA MUSYOKI..................................2ND RESPONDENT
CORNERSTONE HOMES LTD.....................................3RD RESPONDENT
RULING
1. Before me is a Notice of Motion dated 15th July 2020 brought by B.M Mung’ata & Company advocates under section 3A of the Civil Procedure Act Cap 21 and Order 51 Rule 1 of the Civil Procedure rules.
2. The Applicant seeks the following orders from the court:
1. That judgment be entered to the Applicant against the Respondents and decree be issued to the taxed costs of Kshs.161,615. 50.
2. That costs of this application be paid by the Respondents.
3. The application has grounds on the face of the Notice of Motion and is supported by the affidavit of Douglas Muumbi advocate sworn on 15th July 2020.
4. The application is not opposed as all the Respondents did not file a response to the same, nor did they attend court on the hearing date which was 9th December 2020.
5. This is an application for enforcement of the orders of the taxing master with respect to costs. I have seen, perused and considered the certificate of costs issued by Otieno J. Deputy Registrar of the High Court Makueni, which evidences the taxed bill of costs in Makueni High Court Miscellaneous Application No. 102 of 2019 which was taxed on 25th September 2019 at Kshs.161,615. 50 all inclusive, and it is quite clear to me that such taxation of costs herein was done.
6. As the application is not opposed, I find no reason to decline the same. I thus allow the application and order as follows:
1. Judgment be and is hereby entered for the Applicant against the Respondents and decree be and is hereby issued for the taxed amount of Kshs.161,615. 50.
2. The costs of this application will be paid by the Respondents, jointly and severally.
Delivered, Signed & dated this 3rd day of March, 2021 in open court at Makueni.
……………………………….
GEORGE. DULU
JUDGE