[2022] KEHC 2695 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as certified by the Deputy Registrar, as the Certificate of Taxation had been issued and the respondent had not opposed the application. There being no challenge to the certificate or the application, the court allowed the application...
Source-derived case information.
- Citation
- [2022] KEHC 2695 (KLR)
- Parties
- Applicant: Kitindio Musembi Co. Advocates; Respondent: Africa Merchant Assurance Ltd
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E013 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Judgment for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitindio Musembi Co. Advocates
Applicant
Africa Merchant Assurance Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether judgment should be entered for advocates' costs as taxed and certified by the Deputy Registrar.
- 2 Whether the application is opposed by the respondent.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as certified by the Deputy Registrar, as the Certificate of Taxation had been issued and the respondent had not opposed the application. There being no challenge to the certificate or the application, the court allowed the application and granted the prayers sought.
Court Disposition
application allowed
Orders
- Prayers 1, 2 and 3 of the Notice of Motion dated 27th July 2021 are granted as requested.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HC. MISC. CIVIL. APPLICATION NO. E013 OF 2021
KITINDIO MUSEMBI CO.ADVOCATES.....................................................APPLICANT
-VERSUS-
AFRICA MERCHANT ASSURANCE LTD..............................................RESPONDENT
RULING
1. Before me is an application by way of Notice of Motion dated 27th July 2021 requesting for judgment for advocates costs as taxed and certified by the Deputy Registrar.
2. I note that Certificate of Taxation dated 7th June 2021 was issued by the Deputy Registrar on 15th July 2021 and the application is not opposed by the respondent/client.
3. I thus allow the application and grant prayers 1, 2 and 3 as requested.
Delivered, signed & dated this 3rd day of February, 2022, in open court at Makueni.
……………………………….
George Dulu
Judge