[2021] KEHC 8297 (KLR)
The court found that the applicant had obtained a certificate of costs following proper taxation, and the respondent had not satisfied the decretal sum nor raised any bona fide defence to the claim. The court held that, in the absence of a valid objection or stay, the applicant was entitled to entry of judgment for...
Source-derived case information.
- Citation
- [2021] KEHC 8297 (KLR)
- Parties
- Applicant: Isaac Rodrot; Respondent: Hans Juergen Langer
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Winding Up Cause 2 of 2010
- Procedural Posture
- Winding Up Cause / Ruling on Notice of Motion for Entry of Judgment on Certificate of Costs
- Outcome
- Application allowed; judgment entered for the applicant as prayed with costs to the respondent.
- Judges
- DB Nyakundi
- Legal Topics
- Taxation of Costs, Certificate of Costs, Entry of Judgment, Enforcement of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Isaac Rodrot
Applicant
Hans Juergen Langer
Respondent
Procedural Posture
Winding Up Cause / Ruling on Notice of Motion for Entry of Judgment on Certificate of Costs
Legal Issues
- 1 Whether the applicant has satisfied the threshold for entry of judgment against the respondent based on the certificate of costs.
- 2 Whether any valid defence exists to bar entry of judgment on the taxed costs.
Ratio Decidendi
The court found that the applicant had obtained a certificate of costs following proper taxation, and the respondent had not satisfied the decretal sum nor raised any bona fide defence to the claim. The court held that, in the absence of a valid objection or stay, the applicant was entitled to entry of judgment for the taxed costs. The respondent's arguments referencing other litigation did not constitute a sufficient defence to bar the motion. The court was satisfied that the requirements for entry of judgment on a certificate of taxation were met, and therefore granted the orders sought by the applicant.
Court Disposition
Application allowed; judgment entered for the applicant as prayed with costs to the respondent.
Orders
- Judgment entered in favour of the applicant for the amount in the certificate of costs.
- Applicant granted leave to execute the decree as per the Civil Procedure Act and Rules.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
WINDING UP CAUSE NO. 2 OF 2010
ISAAC RODROT......................................................APPLICANT
VERSUS
HANS JUERGEN LANGER..............................RESPONDENT
Coram: R. Nyakundi
Mr. Munyithya for Applicant
Mr. Ndegwa for Applicant
RULING
Before me is a notice of motion expressed to be brought under Section 51 of the Advocates Act 15 1A, 1B and 3A of the Civil Procedure Act seeking the following orders:
The statement of case
The applicant commenced a taxation for the bill of costs before the Deputy Registrar, culminating into a certificate of costs issued on the 11. 2.2019. The applicant contends that the respondent has not made any attempts to satisfy the prescribed amount in the decree. It was the applicant averment that the respondent, being in breach to satisfy the decree calls for entry of Judgment by the court to facilitate execution and enforcement of the decree within the terms under the Civil Procedure Act and Rules.
The Respondents response is contained in the replying affidavit filed in court on 6. 2.22020. Additionally, he pointed out the genesis touching on the litigation in HCC 118 of 2009 which in his view disentitles the applicant of the issued costs. He relied being aware of the existence of the certificate of costs as presented by the applicant.
The real question is whether the applicant has satisfied the threshold for entry of judgment against the respondent.
In the instant case the court places the yardstick on entry of judgment upon the bill of costs and certificate of taxation arising thereto.
It is clear that any objection to the taxation has been overtaken by virtue of the ruling delivered by the court on 21. 4.2020. From the certificate of costs, non-payment of the decretal sum occasions a fundamental breach which would lead to entry of judgment.
Having regard into the evidence before me there is no defence in reply to restrain the court from making orders for entry of judgment to give effect to the certificate of taxation. I am satisfied the certificate of taxation fulfills the requirements of statement of claim, capable for this court to enter judgment against the respondent. I find no bonafide defence set up by the affidavit sworn by the respondent in order to bar the motion, for it is trite law that feigned issues are not sufficient.
On consideration of the matter as a whole, I grant the orders sought as prayed with costs to the respondent.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 22ND DAY OF MARCH 2020.
………….............
R. NYAKUNDI
JUDGE
In the presence of:
1. Mr. Mkomba Advocate for the Applicant