[2017] KEELRC 714 (KLR)
The court found that the applicant was entitled to judgment for the sum certified in the taxed bill of costs, as there was no opposition to the application and the certificate of taxation had not been set aside. The absence of a replying affidavit or any challenge to the taxed costs meant that the applicant's...
Source-derived case information.
- Citation
- [2017] KEELRC 714 (KLR)
- Parties
- Applicant: Lumumba Mumma & Kaluma Advocates; Respondent: Esau Rodgers Mumia
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 111 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application granted; judgment entered for applicant for taxed costs
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Judgment on Certified Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lumumba Mumma & Kaluma Advocates
Applicant
Esau Rodgers Mumia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant for the sum certified in the taxed bill of costs.
- 2 Whether there is any opposition to the application for judgment on taxed costs.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the sum certified in the taxed bill of costs, as there was no opposition to the application and the certificate of taxation had not been set aside. The absence of a replying affidavit or any challenge to the taxed costs meant that the applicant's application was unopposed and merited grant. The court therefore entered judgment in favour of the applicant for the certified sum.
Court Disposition
application granted; judgment entered for applicant for taxed costs
Orders
- Judgment is entered in favour of the applicant in the sum of Kshs.235,495.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
MISC. NO. 111 OF 2016
(Formerly HC Misc. No. 280 of 2011)
LUMUMBA MUMMA & KALUMA ADVOCATES….....CLAIMANT
VERSUS
ESAU RODGERS MUMIA………..……………….RESPONDENT
K’Bahati for applicant/advocates
S. M. Keyonzo for respondent/client
RULING
1. The advocates client Bill of Costs herein was taxed at Kshs.235,495/=. An application to set aside certain items of the taxed bill was dismissed by the court in a ruling delivered on 10th February 2017.
2. The applicant seeks judgment be entered for costs in the sum of Kshs.235,495/= as certified by the taxing office on 14th February 2013.
3. No replying affidavit was filed in opposition to the application.
4. Considering all the circumstances of the matter, the application is granted and judgment entered in favour of the applicant in the sum of Kshs.235,495/=.
Dated, Signed and Delivered at Nairobi this 22nd day of September 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE