[2008] KEHC 1787 (KLR)
The court found that the applicant was entitled to judgment in the sum certified in the Certificate of Taxation dated December 4, 2007, as there was no opposition to the application and the relevant statutory provisions supported the applicant's claim. The court held that it was fair and just to enter judgment for...
Source-derived case information.
- Citation
- [2008] KEHC 1787 (KLR)
- Parties
- Applicant: Shem Obondi; Respondent: Seemfood Holdings Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 255 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- AT Sitati
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Entry of Judgment, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Obondi
Applicant
Seemfood Holdings Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant in the sum certified in the Certificate of Taxation.
- 2 Whether the applicant is entitled to execute for recovery of the taxed costs.
- 3 Whether the respondent should bear the costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to judgment in the sum certified in the Certificate of Taxation dated December 4, 2007, as there was no opposition to the application and the relevant statutory provisions supported the applicant's claim. The court held that it was fair and just to enter judgment for the applicant and allow execution for recovery of the taxed costs, with costs of the application to be borne by the respondent.
Court Disposition
application allowed
Orders
- Judgment is entered for the applicant against the respondent in the sum of Kshs.250,000 as per the Certificate of Taxation dated 4th December 2007.
- A decree shall issue in respect of the Certificate of Taxation dated 4th December 2007 and the applicant is at liberty to execute for recovery of the same.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Application 255 of 2007
SHEM OBONDI……………………………..………PLAINTIFF/APPLICANT
VERSUS
SEEMFOOD HOLDINGS LIMITED…………APPLICANT/RESPONDENT
R U L I N G
1. The application herein arises out of the Party and Party Bill of Costs which was taxed by the taxing officer on December 4, 2007 in the sum of Kshs.250,000/=. The advocates’ application which is brought under Section 48(2) of the Advocates Act Cap 16 of the Laws of Kenya Rule 13A of the Advocates Remuneration Rules, Sections 3A and 63(e) of the Civil Procedure Rules (sic), Order 50 Rule 1 of the Civil Procedure Rules seeks an order of this honourable court that the amount certified on the Certificate of Taxation dated December 4, 2007 be entered as judgment against the respondent.
2. The application is supported by the grounds on the face thereof and by the sworn affidavit of Wilfred Akhonya Mutubwa, an advocate of this Honourable Court practicing as such with the firm of M/s Lubulellah & Associates Advocates, who are the applicant in the matter. The deponent says that the Party and Party Bill of Costs was taxed on December 4, 2007 in the sum of Kshs.250,000 and that it is only fair and just that judgment be entered for the applicant in the said sum as prayed.
3. The application was not opposed though counsel for the respondent was duly served on April 24, 2008. In the circumstances of this case, and in light of the relevant provisions of the law, I see no reason why the application should not be allowed. In the result, I allow the application dated March 13, 2008 on the following terms:-
(1)Judgment be and is hereby entered for the applicant as against the Respondent in the sum of Kshs.250,000/= as per the Certificate of Taxation herein dated 4th December 2007.
(2)That a Decree od issue in respect of the Certificate of Taxation dated 4th December 2007 and that the applicant be at liberty to execute for recovery of the same in accordance with the laid down procedures.
(3)That the costs of this application be borne by the Respondent.
It is so ordered.
Dated and delivered at Nairobi this 18th day of July 2008.
R.N. SITATI
JUDGE
Delivered in the presence of:-