[2025] KEHC 7243 (KLR)
The court found that the respondent, having been duly served, failed to file any response or attend the hearing. The facts supporting the application were therefore uncontroverted. The applicant was entitled to judgment in the sum certified by the Taxing Officer, together with interest and costs, as the application...
Source-derived case information.
- Citation
- [2025] KEHC 7243 (KLR)
- Parties
- Applicant: Erick Ntabo & Company Advocates; Respondent: Trident Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E048 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
- Outcome
- application allowed; judgment entered for applicant as per certificate of costs
- Judges
- OA Sewe
- Legal Topics
- Taxation of Costs, Certificate of Costs Enforcement, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ntabo & Company Advocates
Applicant
Trident Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the certificate of costs where the respondent has not opposed the application.
- 2 Whether interest and further costs should be awarded to the applicant.
Ratio Decidendi
The court found that the respondent, having been duly served, failed to file any response or attend the hearing. The facts supporting the application were therefore uncontroverted. The applicant was entitled to judgment in the sum certified by the Taxing Officer, together with interest and costs, as the application was properly supported and there was no opposition. The court exercised its discretion to grant the orders sought in the absence of any challenge from the respondent.
Court Disposition
application allowed; judgment entered for applicant as per certificate of costs
Orders
- The application dated 16th September 2024 is allowed.
- Judgment is entered in favour of the applicant in the sum of KES 143,026 in terms of the certificate of costs dated 9th August 2024.
Full Case Text
Judgment text and source record
16 paragraphs
Erick Ntabo & Company Advocates v Trident Insurance Co Ltd (Miscellaneous Civil Application E048 of 2024) [2025] KEHC 7243 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 7243 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Miscellaneous Civil Application E048 of 2024
OA Sewe, J
February 6, 2025
Between
Erick Ntabo & Company Advocates
Plaintiff
and
Trident Insurance Co Ltd
Defendant
Ruling
1. Having perused and considered the documents filed herein, it is manifest that although the respondent was duly served with the application dated 16th September, 2024, it has failed to file a response thereto or endeavored to oppose it in any way. The respondent also failed to attend court on 5/2/2025 when the said application came up for hearing. In the premises the facts in support of application are entirely uncontroverted. Those facts support the prayers sought by the applicant. Accordingly, it is hereby ordered that:1. The application dated 16th September 2024 be and is hereby allowed.2. Judgement be and is hereby entered in favour of the applicant in the sum of kshs.143,026/- in terms of the certificate of costs dated 9th August 2024. 3.Interest shall accrue on the aforestated sum at the rate of 14% per annum from the date of the Ruling of the Taxing Officer till payment in full.4. Costs of the application be borne by the respondent. The amount thereof to be approved by the Taxing Officer.5. This file is hereby marked closed.
O.A. SEWE, JUDGE6/2/2025RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 6TH DAY OF FEBRUARY, 2025 .In the presence of counsel for the applicant.O.A. SEWE, JUDGE6/2/2025