[2022] KEHC 431 (KLR)
The court found that the applicant's Advocate-Client Bill of Costs had been taxed and certified at Kshs.148,265/=, and that the respondent had not opposed the application for entry of judgment. In the absence of any response or objection from the respondent, and in accordance with section 51(2) of the Advocates Act,...
Source-derived case information.
- Citation
- [2022] KEHC 431 (KLR)
- Parties
- Applicant: Kitindio Musembi; Respondent: Africa Merchant Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 31 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs; liberty to execute granted; costs to respondent
- 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 judgment should be entered for the applicant for the taxed and certified costs as per the Advocate-Client Bill of Costs.
- 2 Whether the applicant is entitled to execute against the respondent for the taxed amount.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant's Advocate-Client Bill of Costs had been taxed and certified at Kshs.148,265/=, and that the respondent had not opposed the application for entry of judgment. In the absence of any response or objection from the respondent, and in accordance with section 51(2) of the Advocates Act, the court held that there was no basis to decline the prayers sought. The court therefore entered judgment for the applicant for the taxed and certified amount, granted liberty to execute against the respondent, and ordered the respondent to bear the costs of the application.
Court Disposition
application allowed; judgment entered for applicant for taxed costs; liberty to execute granted; costs to respondent
Orders
- Judgment is entered for the sum of Kshs.148,265/= 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 (Miscellaneous Application 31 of 2021) [2022] KEHC 431 (KLR) (11 May 2022) (Ruling)
Neutral citation: [2022] KEHC 431 (KLR)
Republic of Kenya
In the High Court at Makueni
Miscellaneous Application 31 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 9th September 2021 arising from civil proceedings in Kilungu PMCC No. 150 of 2018.
2. The Bill of Costs was taxed at Kshs.148,265/= after Kshs.61, 150/= 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 17th August 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.148,265/= 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