[2012] KEHC 4634 (KLR)
The court found that the applicant was entitled to judgment for the taxed costs as the certificate of taxation issued by the Deputy Registrar had not been set aside or challenged by the respondent. The respondent's failure to respond to the application or attend the hearing meant the applicant's averments were...
Source-derived case information.
- Citation
- [2012] KEHC 4634 (KLR)
- Parties
- Applicant: Muthoga Gaturu & Company Advocates; Respondent: Gabriel Wanjohi Waweru t/a Mountain Rock Hotel
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 72 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- judgment for applicant
- Judges
- SP Ouko
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Enforcement of Costs, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthoga Gaturu & Company Advocates
Applicant
Gabriel Wanjohi Waweru t/a Mountain Rock Hotel
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment on the taxed costs as per the certificate of taxation.
- 2 Whether the respondent's failure to set aside the certificate or respond to the application affects the applicant's entitlement to judgment.
Ratio Decidendi
The court found that the applicant was entitled to judgment for the taxed costs as the certificate of taxation issued by the Deputy Registrar had not been set aside or challenged by the respondent. The respondent's failure to respond to the application or attend the hearing meant the applicant's averments were uncontroverted. The law is clear that a certificate of taxation is final as to the amount unless set aside, and the applicant is entitled to judgment for the certified sum. Accordingly, judgment was entered in favour of the applicant for the amount in the certificate of taxation, together with costs of the application.
Court Disposition
judgment for applicant
Orders
- Judgment is entered in favour of the applicant in terms of paragraph 1 of the motion dated 13th July, 2006.
- The applicant is awarded costs of this application.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC. APPLICATION NO.72 OF 2002
MUTHOGA GATURU & COMPANY ADVOCATES……...............………….APPLICANT
VERSUS
GABRIEL WANJOHI WAWERUT/A MOUNTAIN ROCK HOTEL……..……..RESPONDENT
RULING
The applicant has brought the instant motion claiming that having been instructed by the respondent to conduct Nakuru C.M.C.C. No.1560 of 1996 and having executed those instructions, the respondent has failed to pay the applicant’s fees. The applicant’s costs as against the respondent were, on 27th March, 2002 allowed by the Deputy Registrar in the sum of Kshs.89,126. 85 and certificate of taxation issued.
The certificate has not been set aside yet the respondent has refused to settle the cost. Despite service with the application and the hearing notice, the respondent did not respond to the application or attend the hearing of the application. The applicant’s averments have not therefore been controverted.
Judgment is hereby entered in favour of the applicant in terms of paragraph 1 of the motion dated 13th July, 2006.
I award costs of this application to the applicant.
Dated, Signed and Delivered at Nakuru this 8th day of March, 2012.
W. OUKO
JUDGE