[2022] KEHC 588 (KLR)
The court found that the applicant's bill of costs had been taxed and certified by the Deputy Registrar, and the respondent had neither paid the amount nor filed any opposition to the application. There being no dispute as to retainer or the amount due, and the application being unopposed, the court held that there...
Source-derived case information.
- Citation
- [2022] KEHC 588 (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 E032 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Entry of Judgment After Taxation of Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs; liberty to execute; costs to 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 entry of judgment for the taxed costs as certified by the Deputy Registrar.
- 2 Whether the applicant is entitled to execute against the respondent for the taxed amount.
- 3 Whether the costs of the application should be borne by the respondent.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed and certified by the Deputy Registrar, and the respondent had neither paid the amount nor filed any opposition to the application. There being no dispute as to retainer or the amount due, and the application being unopposed, the court held that there was no basis for declining the prayers sought. Accordingly, judgment was entered for the applicant for the taxed sum, with liberty to execute, and costs of the application awarded to the applicant.
Court Disposition
application allowed; judgment entered for applicant for taxed costs; liberty to execute; costs to applicant
Orders
- Judgment is entered for the sum of Kshs 179,821.40 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
22 paragraphs
Musembi v Africa Merchant Assurance Co. Ltd (Miscellaneous Application E032 of 2021) [2022] KEHC 588 (KLR) (11 May 2022) (Ruling)
Neutral citation: [2022] KEHC 588 (KLR)
Republic of Kenya
In the High Court at Makueni
Miscellaneous Application E032 of 2021
GMA Dulu, J
May 11, 2022
Between
Kitindio Musembi
Applicant
and
Africa Merchant Assurance Co. Ltd
Respondent
(This cause arose out of a taxation of Advocate Client Bill of costs by the Taxing Officer Hon. Otieno J. done on August 9, 2021 arising from civil proceedings in Makindu PMCC No 97 of 2016. )
Ruling
1. This cause arises out of a taxation of Advocate Client Bill of costs by the Taxing Officer Hon. Otieno J. done on August 9, 2021 arising from civil proceedings in Makindu PMCC No 97 of 2016.
2. The Bill of Costs was taxed at Kshs 179,821/40 after Kshs 45,295/60 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 dated August 17, 2021 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 179,821. 40 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