[2024] KEHC 12588 (KLR)
The court held that since the applicant had provided a statement of payments received from the respondent and the respondent had not filed any counter-statement or objection, the applicant's statement was unchallenged. The certificate of costs was for Kshs. 340,536.00, and after deducting the Kshs. 10,000.00 already...
Source-derived case information.
- Citation
- [2024] KEHC 12588 (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 E059 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Execution After Judgment and Accounting for Payments
- Outcome
- application allowed; applicant granted leave to execute for the outstanding sum of Kshs. 330,536.00
- 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 applicant is entitled to execute for the balance of costs after accounting for payments made by the respondent.
- 2 Whether the respondent's failure to file a counter-statement affects the applicant's entitlement to execution.
Ratio Decidendi
The court held that since the applicant had provided a statement of payments received from the respondent and the respondent had not filed any counter-statement or objection, the applicant's statement was unchallenged. The certificate of costs was for Kshs. 340,536.00, and after deducting the Kshs. 10,000.00 already paid towards fees, the outstanding amount was Kshs. 330,536.00. The court found that the applicant was entitled to proceed with execution for this sum, as there was no dispute raised by the respondent regarding the accounting or the amount due. The court therefore granted the applicant liberty to levy execution to recover the outstanding costs from the respondent.
Court Disposition
application allowed; applicant granted leave to execute for the outstanding sum of Kshs. 330,536.00
Orders
- The applicant is at liberty to proceed to levy execution to recover the sum of Kshs. 330,536.00 from the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
Odeny Maube & Co. Advocates v Molyn Credit Limited (Miscellaneous Application E059 of 2021) [2024] KEHC 12588 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12588 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Application E059 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. 80,485. 00 had been received, being Kshs. 70,410. 00 court filing fees on plaint and allied papers, Kshs. 75. 00 court fees on written submissions, and Kshs. 10,000. 00 towards fees. The certificate of costs was for Kshs. 340,536. 00. When the deposit of fees, of Kshs. 10,000. 00 is deducted, what would be due is Kshs. 330,536. 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. 330,536. 00, on the respondent. Orders accordingly.
DELIVERED VIA EMAIL, DATED AND SIGNED, IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF OCTOBER 2024. W 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.