[2011] KEHC 811 (KLR)

[2011] KEHC 811 (KLR)

The court found that the defendant was properly served with the notice of taxation and bill of costs, as evidenced by the affidavits of the process servers and the fact that the defendant was produced in court by prison authorities on a production order. The court rejected the argument that the process server's affidavit was inadmissible, holding that the process server is the appropriate person to depone on matters of service. Consequently, the court found no merit in the defendant's motion to set aside the certificate of costs or to stay execution, and dismissed the application with costs to the respondent.

Citation
[2011] KEHC 811 (KLR)
Parties
Plaintiff: Mbeu Kithakwa; Defendant: Philip Muchiri
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 October 2011
Case Number
Civil Case 109 of 2009
Procedural Posture
Civil Application / Ruling on Motion to Set Aside Certificate of Costs and Stay Execution
Outcome
application dismissed with costs to the respondent
Judges
JK Sergon
Legal Topics
Service of Process, Taxation of Costs, Setting Aside Orders
Source Language
English
Civil Procedure Service of Process Taxation of Costs Setting Aside Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Mbeu Kithakwa

Plaintiff

Philip Muchiri

Defendant

Procedural Posture

Civil Application / Ruling on Motion to Set Aside Certificate of Costs and Stay Execution

Legal Issues

  1. 1 Whether the defendant was properly served with the notice of taxation and bill of costs.
  2. 2 Whether the certificate of costs and taxed costs should be set aside and the bill of costs taxed de novo.
  3. 3 Whether the replying affidavit of the process server was admissible.

Ratio Decidendi

The court found that the defendant was properly served with the notice of taxation and bill of costs, as evidenced by the affidavits of the process servers and the fact that the defendant was produced in court by prison authorities on a production order. The court rejected the argument that the process server's affidavit was inadmissible, holding that the process server is the appropriate person to depone on matters of service. Consequently, the court found no merit in the defendant's motion to set aside the certificate of costs or to stay execution, and dismissed the application with costs to the respondent.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The defendant's motion dated 9th July 2011 is dismissed with costs to the respondent.