[2022] KEHC 11801 (KLR)
The court held that since the respondent had not opposed the application for entry of judgment on the taxed costs, and the sum had been duly taxed and certified by the Deputy Registrar, there was no basis to decline the prayers sought. The court relied on section 51(2) of the Advocates Act, which allows for entry of...
Source-derived case information.
- Citation
- [2022] KEHC 11801 (KLR)
- Parties
- Applicant: Kitindio Musembi; Respondent: Africa Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E037 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
- Outcome
- Application allowed. Judgment entered for the applicant for the taxed sum. Liberty to execute granted. Costs awarded to the applicant.
- Judges
- GMA Dulu
- Legal Topics
- Taxation of Costs, Advocate Client Bill, Entry of Judgment, Execution of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitindio Musembi
Applicant
Africa Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to entry of judgment for the taxed costs under section 51(2) of the Advocates Act.
- 2 Whether the applicant is entitled to execute against the respondent for the taxed costs.
- 3 Whether the unopposed application should be granted as prayed.
Ratio Decidendi
The court held that since the respondent had not opposed the application for entry of judgment on the taxed costs, and the sum had been duly taxed and certified by the Deputy Registrar, there was no basis to decline the prayers sought. The court relied on section 51(2) of the Advocates Act, which allows for entry of judgment for certified costs, and Order 51 rule 1 of the Civil Procedure Rules, which governs applications. The court therefore entered judgment for the applicant for the taxed sum, granted liberty to execute, and awarded costs of the application to the applicant.
Court Disposition
Application allowed. Judgment entered for the applicant for the taxed sum. Liberty to execute granted. Costs awarded to the applicant.
Orders
- Judgment is entered for the sum of Kshs 324,796 as taxed and certified by the Deputy Registrar as due to the applicant.
- The applicant is at liberty to execute against the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Musembi v Africa Merchant Assurance Co. Ltd (Civil Miscellaneous Application E037 of 2021) [2022] KEHC 11801 (KLR) (11 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11801 (KLR)
Republic of Kenya
In the High Court at Makueni
Civil Miscellaneous Application E037 of 2021
GMA Dulu, J
May 11, 2022
Between
Kitindio Musembi
Applicant
and
Africa Merchant Assurance Co. Ltd
Respondent
Ruling
1. This cause arises out of a taxation of advocate client bill of costs by the Taxing Officer Hon Otieno J done on September 9, 2021 arising from civil proceedings in Kilungu PMCC No 162 of 2017.
2. The bill of costs was taxed at Kshs 324,969/= after Kshs 59,969/= was taxed off.
3. The taxed costs not having been paid, the advocate Ms Kitindio Musembi & company have come to the High Court through an application by way of notice of motion dated August 17, 2021 under section 51(2) of the Advocates Act and Order 51 rule 1 of the Civil Procedure Rules seeking entry of judgment for the amount liberty to execute against the respondent and costs.
4. The respondent has not filed any response, thus the application stands unopposed.
5. The application having not been opposed, I find no basis for declining to grant the prayers sought.
6. I thus allow the application and order as follows –1. Judgment be and is hereby entered for the sum of Kshs 324,796/= as taxed and certified by the Deputy Registrar as due to the applicant herein.2. The applicant be at liberty to execute against the respondent.3. The costs of this application will be borne by the respondent.
DELIVERED, SIGNED & DATED THIS 11TH DAY OF MAY, 2022 IN OPEN COURT AT MAKUENI.……………………………….GEORGE. DULUJUDGE