[2018] KEHC 8230 (KLR)
The court found that the certificate of assessment of costs issued to the applicant had not been set aside or altered. Since the respondent did not oppose the application or provide any reason to the contrary, the court saw no reason to deny the applicant judgment as sought. The court therefore entered judgment for...
Source-derived case information.
- Citation
- [2018] KEHC 8230 (KLR)
- Parties
- Applicant: Oscar Otieno Odongo t/a Odongo Investment Auctioneers; Respondent: Tobias O. See
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 62 of 2017
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Costs Assessment, Execution of Costs, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Otieno Odongo t/a Odongo Investment Auctioneers
Applicant
Tobias O. See
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether judgment should be entered against the respondent in terms of the certificate of assessment of costs.
- 2 Whether the respondent should bear the costs of the application.
Ratio Decidendi
The court found that the certificate of assessment of costs issued to the applicant had not been set aside or altered. Since the respondent did not oppose the application or provide any reason to the contrary, the court saw no reason to deny the applicant judgment as sought. The court therefore entered judgment for the applicant in the amount specified in the certificate and ordered the respondent to bear the costs of the application.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 57,206/-.
- The respondent will bear the costs of this application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIVIL APPLICATION NO 62 OF 2017
OSCAR OTIENO ODONGOt/a Odongo
Investment Auctioneers..……APPLICANT/AUCTIONEER
VERSUS
TOBIAS O. SEE……………...........….……..RESPONDENT
JUDGMENT
By a notice of motion dated22. 1.18, the applicant prays for orders:-
1) THAT the Honourable Court be pleased to enter judgment against the respondent in terms of the certificate of assessment of costs certificate of costs
2) THAT the costs of this application be borne by the respondent
The motion is premised on the grounds on the body of the application and the supporting affidavit of the applicant sworn on 22. 1.18. Attached to the affidavit is the certificate of assessment of costs for the sum of Kshs. 57,206/- issued on 20. 9.17.
When the application came for hearing on 15. 2.18, the respondent, though served, had not filed any response to the application. The application is therefore not opposed.
As it stands now the Certificate of Assessment of Costs has not been set aside or altered. In the circumstances, I see no reason to deny the applicant, judgment as sought.
The upshot of this is that the notice of motion dated 22. 1.18 succeeds and is allowed in the following terms:
a) Judgment is hereby entered for the applicant against the Respondent for Kshs. 57,206/-
b) Respondent will bear the costs of this application.
DATED AND DELIVERED ON THIS15thDAY OFFebruary2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix and Carol
For the Applicant - Mr Ondego/Ragot
For the Respondent -Ms Nyamite