[2023] KEHC 23592 (KLR)

[2023] KEHC 23592 (KLR)

The court found that the application for consolidation of the specified matters and entry of judgment for the taxed costs was unopposed and that no reference had been filed in any of the files sought to be consolidated. The court determined that granting the orders would not prejudice any party. Accordingly, the...

Source-derived case information.

Citation
[2023] KEHC 23592 (KLR)
Parties
Applicant: Patrick L. Otieno - Oyoo t/a Otieno – Oyoo & Company Advocates; Respondent: Africa Merchant Assurance Co. Ltd
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E130 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Consolidation and Entry of Judgment
Outcome
application allowed; judgment entered for applicant advocate for Kshs 845,700; decree to issue; no order as to costs; other files closed
Judges
RE Aburili
Legal Topics
Consolidation of Matters, Taxation of Costs, Entry of Judgment
Source Language
en
Civil Procedure Consolidation of Matters Taxation of Costs Entry of Judgment

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Parties

Patrick L. Otieno - Oyoo t/a Otieno – Oyoo & Company Advocates

Applicant

Africa Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Application for Consolidation and Entry of Judgment

Legal Issues

  1. 1 Whether the court should consolidate Miscellaneous Civil Applications Nos. 131-136 and E197 of 2022 with the present matter.
  2. 2 Whether the taxed costs in the consolidated matters should be deemed as judgment of the court against the respondent.
  3. 3 Whether there is any prejudice to the respondent in granting the orders sought.

Ratio Decidendi

The court found that the application for consolidation of the specified matters and entry of judgment for the taxed costs was unopposed and that no reference had been filed in any of the files sought to be consolidated. The court determined that granting the orders would not prejudice any party. Accordingly, the court allowed the application, consolidated the matters, and entered judgment for the applicant advocate against the respondent in the sum of Kshs 845,700, as per the Certificates of Costs. The court also ordered that a decree issue for the said sum and made no order as to costs. All other files in the series were closed as they were collapsed into Misc No E130 of 2022.

Court Disposition

application allowed; judgment entered for applicant advocate for Kshs 845,700; decree to issue; no order as to costs; other files closed

Orders

  • The application for consolidation is allowed.
  • Judgment is entered for the applicant advocate against the respondent in the sum of Kshs 845,700.