[2025] KEHC 1699 (KLR)
The court found that the application was unopposed as the respondent failed to file any response or attend the hearing despite proper service. The applicant had established that costs were taxed and a certificate issued, entitling him to judgment for the certified sum. The court further held that interest at 14% per...
Source-derived case information.
- Citation
- [2025] KEHC 1699 (KLR)
- Parties
- Applicant: Andrew B Khakula t/a JS Khakula & Co Advocates; Respondent: Trident Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E007 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- application allowed as unopposed; judgment entered for applicant for taxed costs, interest, and costs of application
- Judges
- DO Chepkwony
- Legal Topics
- Taxation of Costs, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew B Khakula t/a JS Khakula & Co Advocates
Applicant
Trident Insurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant in the taxed sum against the respondent.
- 2 Whether the applicant is entitled to interest at 14% per annum from 16th July, 2024, on the judgment sum.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application was unopposed as the respondent failed to file any response or attend the hearing despite proper service. The applicant had established that costs were taxed and a certificate issued, entitling him to judgment for the certified sum. The court further held that interest at 14% per annum from the date of the certificate was justified, and that the applicant was entitled to costs of the application. Accordingly, judgment was entered for the applicant as prayed.
Court Disposition
application allowed as unopposed; judgment entered for applicant for taxed costs, interest, and costs of application
Orders
- Judgment in the taxed sum of Kshs. 51,700.00 is entered against the respondent.
- The applicant is awarded interest at 14% per annum from 16th July, 2024, on the judgment sum.
Full Case Text
Judgment text and source record
20 paragraphs
Khakula t/a JS Khakula & Co Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E007 of 2023) [2025] KEHC 1699 (KLR) (14 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1699 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E007 of 2023
DO Chepkwony, J
February 14, 2025
Between
Andrew B Khakula t/a JS Khakula & Co Advocates
Applicant
and
Trident Insurance Company Limited
Respondent
Ruling
1. For determination before this court is the Applicant’s Notice of Motion Application dated 11th November, 2024, seeking for:a.Judgment in the taxed sum of Kshs. 51,700. 00/= be entered against the Respondent.b.The Applicant be awarded interest of 14% per annum from 16th July, 2024, on the judgment sum.c.Costs of this application be provided for.
2. The application is based on the grounds set out on its face and Supporting Affidavit of Dr. Andrew B. Khakula sworn on even date. The gist of the application is that the Respondent has not settled the fixed costs vide a ruling delivered on 16th July, 2024, and a certificate of the same issued.
3. The court directed the application to be served upon the Respondent for a response to be filed and fixed the same for interparte hearing on 31st January, 2025.
4. When the application came up for interpartes hearing on 31st January, 2025, neither the Respondent nor its counsel were in attendance. There was also no representation to explain their absence. This was despite the application and hearing notice having been served upon the Legal Officer for the Respondent on 9th December, 2024, as evidenced by the Affidavit of Service sworn on 10th December, 2024, by Godfrey Paul Okutoyi, a licensed process server.
5. In view of this, the Notice of Motion Application dated 11th November, 2024, is unchallenged/unopposed. Therefore, the said Notice of Motion dated 11th November, 2024, is allowed in the following terms:-a.ThatJudgment in the taxed sum of Kshs. 51,700. 00/= be entered against the Respondent.b.Thatthe Applicant be awarded interest of 14% per annum from 16th July, 2024, on the judgment sum.c.Thatthe costs of the application to be borne by the Applicant.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF FEBRUARY, 2025. (UPLOADED VIA ELECTRONIC MAIL)D. O. CHEPKWONYJUDGE