[2022] KEHC 2755 (KLR)
The court found that the applicant was entitled to judgment for the taxed and certified costs as the Certificate of Taxation had been issued by the Deputy Registrar and the respondent, though duly served, had not filed any response or objection. There being no challenge to the certificate or the application, the...
Source-derived case information.
- Citation
- [2022] KEHC 2755 (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 E033 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Entry of Judgment on 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 Notice of Motion for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for costs taxed and certified by the Deputy Registrar.
- 2 Whether the respondent's failure to respond affects the outcome of the application.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed and certified costs as the Certificate of Taxation had been issued by the Deputy Registrar and the respondent, though duly served, had not filed any response or objection. There being no challenge to the certificate or the application, the court allowed the application and granted the prayers sought for entry of judgment on the taxed costs.
Court Disposition
application allowed
Orders
- Prayers 1, 2 and 3 of the Notice of Motion dated 27th July 2021 are granted.
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. E033 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 filed by Kitindio Musembi & company advocates, seeking entry of judgment for advocates costs taxed and certified by the Deputy Registrar.
2. I note that Certificate of Taxation dated 7th June 2021 was issued by the Deputy Registrar and though the respondent was served with the application and hearing notice, they have not filed a response.
3. I thus allow the application and grant prayers 1, 2 and 3 thereof.
DELIVERED, SIGNED & DATED THIS 3RD DAY OF FEBRUARY, 2022, IN OPEN COURT AT MAKUENI.
……………………………….
GEORGE DULU
JUDGE