[2015] KEHC 3573 (KLR)

[2015] KEHC 3573 (KLR)

The court found that the applicant had annexed a valid certificate of taxation showing the amount taxed by the taxing officer. In the absence of any response or challenge from the respondents, and pursuant to Section 51(2) of the Advocates Act, the court held that judgment should be entered in favour of the...

Source-derived case information.

Citation
[2015] KEHC 3573 (KLR)
Parties
Applicant: Kenyariri & Associates Advocates; Respondent: Salama Beach Hotel Limited; Respondent: Hans Juerger Langer; Respondent: Zahra Langer; Respondent: Steffano Ucceli; Respondent: Issac Rodrot
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Environment & Land Case 16 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
Application allowed in terms of prayer number 1. Each party to bear its own costs.
Judges
OA Angote
Legal Topics
Taxation of Costs, Certificate of Taxation, Execution of Costs, Advocates Act Section 51
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Execution of Costs Advocates Act Section 51

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenyariri & Associates Advocates

Applicant

Salama Beach Hotel Limited

Respondent

Hans Juerger Langer

Respondent

Zahra Langer

Respondent

Steffano Ucceli

Respondent

Issac Rodrot

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered for the applicant based on the certificate of taxation issued by the taxing officer.
  2. 2 Whether the applicant is entitled to execute against the respondents upon the certificate of costs without further proceedings.

Ratio Decidendi

The court found that the applicant had annexed a valid certificate of taxation showing the amount taxed by the taxing officer. In the absence of any response or challenge from the respondents, and pursuant to Section 51(2) of the Advocates Act, the court held that judgment should be entered in favour of the applicant for the taxed sum. The applicant was therefore entitled to execute against the respondents on the basis of the certificate of costs without further proceedings.

Court Disposition

Application allowed in terms of prayer number 1. Each party to bear its own costs.

Orders

  • Judgment entered for the applicant against the respondents for Kshs.2,271,387.95 as per the certificate of taxation dated 12th November 2014.
  • The applicant is at liberty to execute against the respondents upon the certificate of costs without further proceedings.