[2022] KEHC 2753 (KLR)
The court found that the applicant was entitled to entry of judgment for the taxed and certified costs as the respondent, despite being served, failed to file any response or objection. The certificate of costs issued by the Deputy Registrar was valid and enforceable as a judgment, and there was no reason to deny...
Source-derived case information.
- Citation
- [2022] KEHC 2753 (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 E035 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Entry of Judgment, Certificate of 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 on Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for taxed and certified advocate's costs.
- 2 Whether the respondent's failure to respond affects the application.
Ratio Decidendi
The court found that the applicant was entitled to entry of judgment for the taxed and certified costs as the respondent, despite being served, failed to file any response or objection. The certificate of costs issued by the Deputy Registrar was valid and enforceable as a judgment, and there was no reason to deny the application. Accordingly, the court allowed the application and granted the prayers sought by the applicant.
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
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HC. MISC. CIVIL. APPLICATION NO. E035 OF 2021
KITINDIO MUSEMBI CO.ADVOCATES.................... APPLICANT
-VERSUS-
AFRICA MERCHANT ASSURANCE LTD ...............RESPONDENT
RULING
1. Before me is a Notice of Motion dated 27th July 2021 seeking entry of judgment for advocates costs taxed and certified by the Deputy Registrar.
2. I note that the certificate of costs dated 7th June 2021, was issued by the Deputy Registrar on the 6th July 2021. Though the respondent has been served with the application and hearing notice, they have not filed any response.
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