[2021] KEHC 2137 (KLR)

[2021] KEHC 2137 (KLR)

The court found that the respondent was duly notified of the application and the hearing date but failed to enter appearance or file any response. The applicant produced a valid certificate of taxation for Kshs 87,557, which was unchallenged. In the absence of any opposition or reason to withhold judgment, the court...

Source-derived case information.

Citation
[2021] KEHC 2137 (KLR)
Parties
Applicant: Ngaywa Ngigi & Kibet Advocates; Respondent: Invesco Insurance Company Limited
Court
High Court
Court Station
High Court at Naivasha
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 157 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Outcome
application allowed; judgment entered for applicant as per certificate of taxation
Legal Topics
Taxation of Costs, Entry of Judgment, Default Judgment
Source Language
en
Civil Procedure Taxation of Costs Entry of Judgment Default Judgment

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Parties

Ngaywa Ngigi & Kibet Advocates

Applicant

Invesco Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether judgment should be entered against the respondent for the taxed costs as per the certificate of taxation.
  2. 2 Whether the respondent's failure to appear or respond affects the outcome of the application.

Ratio Decidendi

The court found that the respondent was duly notified of the application and the hearing date but failed to enter appearance or file any response. The applicant produced a valid certificate of taxation for Kshs 87,557, which was unchallenged. In the absence of any opposition or reason to withhold judgment, the court allowed the application and entered judgment for the applicant as per the certificate of taxation. The court declined to award further costs.

Court Disposition

application allowed; judgment entered for applicant as per certificate of taxation

Orders

  • Judgment is entered against the respondent in the sum of Kshs 87,557 as per the certificate of taxation.
  • No orders as to costs.