[2022] KEHC 2712 (KLR)
The court found that the certificate of taxation issued by the Deputy Registrar was unchallenged, as the respondent had not filed any response or objection. In accordance with established legal principles, such a certificate is conclusive as to the amount of costs due. Therefore, the applicant was entitled to...
Source-derived case information.
- Citation
- [2022] KEHC 2712 (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 E036 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Entry of Judgment for Taxed Costs
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Entry of Judgment, Certificate of Taxation
- 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 for Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for advocates' costs as taxed and certified by the Deputy Registrar.
- 2 Whether the respondent has raised any objection or response to the certificate of taxation.
Ratio Decidendi
The court found that the certificate of taxation issued by the Deputy Registrar was unchallenged, as the respondent had not filed any response or objection. In accordance with established legal principles, such a certificate is conclusive as to the amount of costs due. Therefore, the applicant was entitled to judgment for the taxed costs as certified. The application was allowed and the prayers sought were granted.
Court Disposition
application allowed
Orders
- Prayers 1, 2 and 3 of the application 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. E036 OF 2021
KITINDIO MUSEMBI CO.ADVOCATES.....................................APPLICANT
-VERSUS-
AFRICA MERCHANT ASSURANCE LTD..............................RESPONDENT
RULING
1. Before me is an application brought by way of Notice of Motion dated 27th July 2021 requesting entry of judgment for advocates costs as taxed and certified by the Deputy Registrar.
2. I note that the certificate of Taxation dated 7th June 2021 was issued by the Deputy Registrar on 15th July 2021 and no response has been received from 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