[2014] KEHC 3604 (KLR)
The court found that the applicant had followed the lawful process for taxation of costs, resulting in a certificate of costs for Kshs.19,163.02. There was no opposition to the application, and the court's jurisdiction was limited to entering judgment for the taxed amount. Accordingly, judgment was entered for the...
Source-derived case information.
- Citation
- [2014] KEHC 3604 (KLR)
- Parties
- Applicant: Mereka & Co. Advocates; Respondent: Engineer A.S. Kitololo T/A Kitololo Consultants Engineers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 394 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
- Outcome
- judgment entered for applicant for taxed costs; decree to issue; costs in the cause
- Judges
- DO Ogembo
- Legal Topics
- Taxation of Costs, Certificate of Costs, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mereka & Co. Advocates
Applicant
Engineer A.S. Kitololo T/A Kitololo Consultants Engineers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the court should enter judgment for the applicant in the amount certified in the certificate of costs.
- 2 Whether a decree should be issued for enforcement of the taxed costs.
Ratio Decidendi
The court found that the applicant had followed the lawful process for taxation of costs, resulting in a certificate of costs for Kshs.19,163.02. There was no opposition to the application, and the court's jurisdiction was limited to entering judgment for the taxed amount. Accordingly, judgment was entered for the applicant in the sum certified, and a decree was ordered to be issued for enforcement. Costs of the application were left to be determined in the cause.
Court Disposition
judgment entered for applicant for taxed costs; decree to issue; costs in the cause
Orders
- Judgment entered for the applicant for Kshs.19,163.02 as per the certificate of costs dated 9th August 2012.
- A decree to be issued for enforcement/execution of the judgment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL &ADMIRALTY DIVISION
CIVIL CASE NO. 394 OF 2011
MEREKA & CO. ADVOCATES ::::::::::: ADVOCATE/APPLICANT
-VERSUS-
ENGINEER A.S. KITOLOLO
T/A KITOLOLO CONSULTANTS ENGINEERS ::: RESPONDENT
R U L I N G
The Notice of Motion application before the court is dated 21st August 2002 filed under Order 51 Subsection 2 of the Advocates Act. The application seeks the following orders:-
That the Honourable Court be pleased to enter Judgement for amount of Kshs.19,163. 02/= in the suit herein in terms of the certificate of costs dated 9th August 2012.
That pursuant to the Judgement, a decree be issued for enforcement/execution.
That the costs of this application be in the cause.
The application is premised on the several grounds set out therein and is supported by affidavit of DAVID MUKII MEREKA dated 17th August 2012. The application is not opposed.
I have seen a copy of the Certificate of Taxation dated 9th August 2012 annexed as DMM1 for Kshs.19,163. 02 in support of the application. In my view the application is merited. A lawful process of taxation took place as deponed to in the supporting affidavit and which taxation returned a verdict of Kshs.19,163. 02/=. The jurisdiction of this court is now only to enter the said taxed costs as Judgement of this court in the absence of any opposition.
In the upshot I enter judgement in terms of prayers number 1 of the application for Kshs.19,163. 02 and direct that a decree be issued for enforcement on execution. Cost shall remain in the cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 31ST DAY OF JULY 2014
E. K. O. OGOLA
JUDGE
PRESENT:
M/s for Applicant Wang’ombe
Mtr. Akhulu for Respondents
Teresia – Court Clerk