[2022] KEHC 14579 (KLR)
The court found that the applicant's bill of costs had been taxed by the Deputy Registrar at KES 195,542.50, and that the respondent had neither filed a response to the application nor challenged the taxing master's ruling by way of reference. In the absence of any opposition or valid challenge, the application for...
Source-derived case information.
- Citation
- [2022] KEHC 14579 (KLR)
- Parties
- Applicant: Robinson Onyango Malombo t/a OM Robinson & Co Advocates; Respondent: Christine Nikaje Ephraim
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E011 of 2021
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for applicant
- Judges
- JN Onyiego
- Legal Topics
- Advocate Client Costs, Taxation of Costs, Enforcement of Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Onyango Malombo t/a OM Robinson & Co Advocates
Applicant
Christine Nikaje Ephraim
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to judgment for taxed costs against the respondent.
- 2 Whether there is any valid challenge or reference against the taxing master's ruling.
Ratio Decidendi
The court found that the applicant's bill of costs had been taxed by the Deputy Registrar at KES 195,542.50, and that the respondent had neither filed a response to the application nor challenged the taxing master's ruling by way of reference. In the absence of any opposition or valid challenge, the application for judgment on the taxed costs was uncontroverted. The court applied the principle that a successful litigant should not be hindered from enjoying the fruits of their judgment and, accordingly, entered judgment in favour of the applicant for the taxed amount.
Court Disposition
judgment for applicant
Orders
- Judgment is entered in favour of the applicant for the sum of KES 195,542.50 as taxed by the Deputy Registrar.
Full Case Text
Judgment text and source record
21 paragraphs
Robinson Onyango Malombo t/a OM Robinson & Co Advocates v Ephraim (Miscellaneous Application E011 of 2021) [2022] KEHC 14579 (KLR) (7 October 2022) (Judgment)
Neutral citation: [2022] KEHC 14579 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E011 of 2021
JN Onyiego, J
October 7, 2022
Between
Robinson Onyango Malombo t/a OM Robinson & Co Advocates
Applicant
and
Christine Nikaje Ephraim
Respondent
(Arising from services rendered in Mombasa, CMCC Succ Cause No. 109 of 2017. in the matter of John Wellington Ephraim Dinah Mshenga (deceased) Christine Nikaje Ephraim - Petitioner))
Judgment
1. The applicant’s law firm was instructed by the respondent to represent her in CMCC Succession Cause No 109 of 2017 in the matter of John Wellington Ephraim Dinah Mshenga (deceased)-Christine Nikaje Ephraim - petitioner.
2. When their relationship ceased, the applicant’s law firm filed an advocate’s - client’s bill of costs vide Misc Civil Application No E011 of 2021 wherein the Deputy Registrar taxed the bill of costs at ksh 195,542. 50 on June 15, 2022.
3. Despite service of the application herein and even the hearing notice, the applicant did not file any response nor appear for hearing. It is worth noting that no reference challenging the taxing master’s ruling has been preferred. In the absence of any response, the application herein remains uncontroverted.
4. It is trite law that a successful litigant should not unnecessarily be hindered from enjoying the fruits of his judgment. SeeMachira T/A Machira & Co Advocates v East African Limited ( No 2) ( 2002) KLR 63
5. In view of the above holding, I am inclined to enter judgment in favor of the applicant as prayed.
DATED, SIGNED AND DELIVERED IN MOMBASA THIS 7TH DAY OF OCTOBER, 2022. .....................J.N.ONYIEGOJUDGE