[2006] KEHC 2672 (KLR)

[2006] KEHC 2672 (KLR)

The court found that since the applicant's costs had been taxed, a certificate of costs issued, and the certificate had not been set aside, there was no legal impediment to entering judgment for the applicant. The absence of opposition from the respondent further supported the grant of the orders sought. The court...

Source-derived case information.

Citation
[2006] KEHC 2672 (KLR)
Parties
Applicant: Mbugua & Mbugua Advocates; Respondent: Madison Insurance Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
? 943 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Outcome
judgment entered for applicant
Judges
MM Kasango
Legal Topics
Taxation of Costs, Certificate of Costs, Entry of Judgment
Source Language
en
Civil Procedure Commercial and Corporate Taxation of Costs Certificate of Costs Entry of Judgment

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Parties

Mbugua & Mbugua Advocates

Applicant

Madison Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered in favour of the applicant based on the taxed costs as per the certificate of costs.
  2. 2 Whether there is any legal impediment to entering judgment where the certificate of costs has not been set aside.

Ratio Decidendi

The court found that since the applicant's costs had been taxed, a certificate of costs issued, and the certificate had not been set aside, there was no legal impediment to entering judgment for the applicant. The absence of opposition from the respondent further supported the grant of the orders sought. The court therefore entered judgment for the applicant for the amount certified in the certificate of costs and awarded costs of the application.

Court Disposition

judgment entered for applicant

Orders

  • Judgment is entered for the Advocate applicant for KES 32,635.
  • The Advocate applicant is granted costs of the Notice of Motion dated 13th March 2006.