[2011] KEHC 1834 (KLR)
The court found that the application for judgment on taxed party and party costs was unopposed, as no response had been filed by the respondent. The application was supported by a valid certificate of taxation signed by the Deputy Registrar. The court held that there was no reason to deny the application, as the...
Source-derived case information.
- Citation
- [2011] KEHC 1834 (KLR)
- Parties
- Plaintiff: Dr. Christopher Muthini Mbatha; Defendant: Dr. Florence Mukii Mukita
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 525 of 2008
- Procedural Posture
- Civil Case / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Christopher Muthini Mbatha
Plaintiff
Dr. Florence Mukii Mukita
Defendant
Procedural Posture
Civil Case / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant on taxed party and party costs.
- 2 Whether the application is properly before the court despite citation of the wrong procedural rule.
Ratio Decidendi
The court found that the application for judgment on taxed party and party costs was unopposed, as no response had been filed by the respondent. The application was supported by a valid certificate of taxation signed by the Deputy Registrar. The court held that there was no reason to deny the application, as the procedural error in citing the wrong order was not fatal and the substantive requirements for entry of judgment on taxed costs had been met. Accordingly, the court allowed the application and granted the orders sought.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant on taxed party and party costs as per the certificate of taxation dated 1st February 2011.
- Plaintiff/respondent to pay the applicant costs of the application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE 525 OF 2008
DR. CHRISTOPHER MUTHINI MBATHA ……………….PLAINTIFF/RESPONDENT
VERSUS
DR. FLORENCE MUKII MUKITA…………………………. DEFENDANT/APPLICANT
RULING
This is an application by way of Notice of Motion dated 11th March 2011 filed on behalf of the defendant/applicant. It was brought under Order 51 of the Civil Procedure Rules (Cap.21). The proper provision of the law should be Order 50 Rule 1 of the Civil Procedure Rules, and section 51 of the Advocates Act (Cap.16).
It is an application for judgment to be entered on taxed party and party costs. The application was served on the advocates for the respondent M/s Kalove & Company on 23/3/2011. However, no response was filed. The application therefore stands unopposed.
A copy of the certificate of taxation signed by the Deputy Registrar on 1st February 2011 is annexed to the application. I therefore find no reason not to allow the application, since the application is unopposed.
Consequently, I allow the application and grant prayer 1.
The plaintiff/respondent will pay the applicant costs of the application.
Dated and delivered at Nairobi this 12th day of July 2011.
………………………
GEORGE DULU
JUDGE
In the Presence of:-
No appearance for Plaintiff/Respondent
No appearance for Defendant/Applicant
Catherine – Court clerk