[2022] KEHC 528 (KLR)
The court found that the applicant's bill of costs had been taxed and certified by the Deputy Registrar, and that the respondent had not opposed the application for entry of judgment. In the absence of any opposition or reason to decline the prayers sought, the court held that the applicant was entitled to judgment...
Source-derived case information.
- Citation
- [2022] KEHC 528 (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 E047 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment After Taxation of 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 Decree
- 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 After Taxation of Costs
Legal Issues
- 1 Whether the applicant is entitled to 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 amount.
- 3 Whether the respondent should bear the costs of the application.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and certified by the Deputy Registrar, and that the respondent had not opposed the application for entry of judgment. In the absence of any opposition or reason to decline the prayers sought, the court held that the applicant was entitled to judgment for the taxed amount pursuant to section 51(2) of the Advocates Act. The court further held that the applicant was entitled to execute against the respondent for the taxed sum and that the costs of the application would be borne by the respondent.
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.80,910/= 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 E047 of 2021) [2022] KEHC 528 (KLR) (11 May 2022) (Ruling)
Neutral citation: [2022] KEHC 528 (KLR)
Republic of Kenya
In the High Court at Makueni
Miscellaneous Application E047 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. 222 of 2018.
2. The Bill of Costs was taxed at Kshs.80,910/= after Kshs.73, 922/= 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.80,910/= 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, 2022IN OPEN COURT AT MAKUENI.……………………………….GEORGE. DULUJUDGE