[2022] KEHC 2697 (KLR)

[2022] KEHC 2697 (KLR)

The court found that the applicant was entitled to judgment for the taxed costs as certified by the Deputy Registrar, given that the certificate of taxation was issued and the application was unopposed. The absence of opposition and the regularity of the taxation process justified granting the prayers sought in the...

Source-derived case information.

Citation
[2022] KEHC 2697 (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 E034 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application allowed; judgment entered for applicant as per certificate of taxation.
Judges
GMA Dulu
Legal Topics
Taxation of Costs, Certificate of Taxation, Judgment for Costs
Source Language
en
Civil Procedure Taxation of Costs Certificate of Taxation Judgment for Costs

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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. 1 Whether the applicant is entitled to judgment for advocates' costs as taxed and certified by the Deputy Registrar.
  2. 2 Whether the certificate of taxation is sufficient basis for entry of judgment.

Ratio Decidendi

The court found that the applicant was entitled to judgment for the taxed costs as certified by the Deputy Registrar, given that the certificate of taxation was issued and the application was unopposed. The absence of opposition and the regularity of the taxation process justified granting the prayers sought in the application.

Court Disposition

Application allowed; judgment entered for applicant as per certificate of taxation.

Orders

  • Prayers 1, 2, and 3 of the Notice of Motion dated 27th July 2021 are granted.