[2024] KEHC 723 (KLR)

[2024] KEHC 723 (KLR)

The court found that the applicant had properly served the respondent with the application and notice to appear, and that the respondent failed to file any opposition or attend court. The certificate of taxation dated 31st August, 2023 established the sum due, and there was no challenge to its validity. The court...

Source-derived case information.

Citation
[2024] KEHC 723 (KLR)
Parties
Applicant: Prof Tom Ojienda & Associates; Respondent: Nairobi County Government
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Application E017 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs
Outcome
application allowed as prayed; judgment entered for applicant for taxed costs with interest and leave to execute; costs to applicant
Judges
LN Mugambi
Legal Topics
Taxation of Costs, Execution of Judgment, Unopposed Application
Source Language
en
Civil Procedure Taxation of Costs Execution of Judgment Unopposed Application

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Parties

Prof Tom Ojienda & Associates

Applicant

Nairobi County Government

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Notice of Motion for Judgment on Taxed Costs

Legal Issues

  1. 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
  2. 2 Whether the applicant is entitled to interest on the taxed costs from the date of filing the bill of costs until payment in full.
  3. 3 Whether the applicant should be allowed to execute the judgment against the respondent.

Ratio Decidendi

The court found that the applicant had properly served the respondent with the application and notice to appear, and that the respondent failed to file any opposition or attend court. The certificate of taxation dated 31st August, 2023 established the sum due, and there was no challenge to its validity. The court held that the applicant was entitled to judgment for the taxed costs, interest from the date of filing the bill of costs until payment in full, and leave to execute the judgment. The absence of opposition or appearance by the respondent justified granting the application as prayed.

Court Disposition

application allowed as prayed; judgment entered for applicant for taxed costs with interest and leave to execute; costs to applicant

Orders

  • Judgment is entered for the applicant against the respondent for Kshs 1,022,241.30 as per the certificate of taxation dated 31st August, 2023 together with interest from the date of filing of the bill of costs until payment in full.
  • The applicant is allowed to execute the judgment using authorized means against the respondent.