[2024] KEHC 12579 (KLR)
The court found that the applicant had provided a statement of payments received from the respondent, which was not contested by the respondent. The certificate of costs stood at Kshs. 307,399.00, and after deducting the Kshs. 90,000.00 already paid, the outstanding balance was Kshs. 217,399.00. Since the respondent...
Source-derived case information.
- Citation
- [2024] KEHC 12579 (KLR)
- Parties
- Applicant: Odeny Maube & Co Advocates; Respondent: Molyn Credit Limited
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E060 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Execution After Judgment and Accounting for Payments
- Outcome
- Application allowed. Applicant at liberty to execute for the outstanding balance.
- Judges
- WM Musyoka
- Legal Topics
- Taxation of Costs, Execution of Judgment, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odeny Maube & Co Advocates
Applicant
Molyn Credit Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Execution After Judgment and Accounting for Payments
Legal Issues
- 1 Whether the respondent has settled the amount due under the certificate of costs after accounting for payments already made.
- 2 Whether the applicant is entitled to proceed with execution for the outstanding balance.
Ratio Decidendi
The court found that the applicant had provided a statement of payments received from the respondent, which was not contested by the respondent. The certificate of costs stood at Kshs. 307,399.00, and after deducting the Kshs. 90,000.00 already paid, the outstanding balance was Kshs. 217,399.00. Since the respondent did not challenge the applicant's statement, the court accepted it as accurate. The applicant was therefore entitled to proceed with execution to recover the outstanding sum from the respondent.
Court Disposition
Application allowed. Applicant at liberty to execute for the outstanding balance.
Orders
- The applicant is at liberty to proceed to levy execution to recover the sum of Kshs. 217,399.00 from the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
Odeny Maube & Co Advocate v Molyn Credit Limited (Miscellaneous Application E060 of 2021) [2024] KEHC 12579 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12579 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E060 of 2021
WM Musyoka, J
October 22, 2024
Between
Odeny Maube & Co Advocates
Applicant
and
Molyn Credit Limited
Respondent
Ruling
1. On 10th November 2023, I ruled as follows, at paragraph 6 of the typed ruling:“Consequently, I hereby enter judgment as prayed, but the amount to be paid ultimately shall take into account any payments already made by the respondent, in respect of which accounts shall be taken before the Deputy Registrar/taxing officer, before execution proceedings are taken out.”
2. The applicant filed a statement of the moneys paid by the respondent, dated 16th July 2024. It indicates that Kshs. 90,000. 00 had been received, and was utilised as court filing fees on plaint and allied papers, and deposit on Advocates fees. The certificate of costs was for Kshs. 307,399. 00. After deducting the amount received the balance would be Kshs. 217,399. 00
3. The respondent did not file a counter-statement. That would mean that the statement by the applicant is not challenged or contested.
4. The applicant is at liberty, to proceed to levy execution, to recover the sum of Kshs. 217,399. 00, on the respondent. Orders accordingly.
DELIVERED VIA EMAIL, DATED AND SIGNED, IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF OCTOBER 2024W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Akinyi, instructed by Bruce Odeny & Company, Advocates for the applicant.Mr. Achero, instructed by Achero Mufuayia & Company, Advocates for the respondent.