[2016] KEHC 1960 (KLR)
The court found that the application for entry of judgment based on the Certificate of Taxation was properly served and unopposed. In the absence of any objection or response from the respondent, and with the affidavit of service on record, the court was satisfied that the applicant was entitled to judgment as...
Source-derived case information.
- Citation
- [2016] KEHC 1960 (KLR)
- Parties
- Applicant: Stephen Mutinda Kamwalo T/A Big Step Enterprises Auctioneers; Respondent: Peter Nyaga Muvake
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 2 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Taxation of Costs, Certificate of Taxation, Entry of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mutinda Kamwalo T/A Big Step Enterprises Auctioneers
Applicant
Peter Nyaga Muvake
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether judgment should be entered against the respondent for the sum certified in the Certificate of Taxation.
- 2 Whether the application is unopposed and properly served.
Ratio Decidendi
The court found that the application for entry of judgment based on the Certificate of Taxation was properly served and unopposed. In the absence of any objection or response from the respondent, and with the affidavit of service on record, the court was satisfied that the applicant was entitled to judgment as prayed. The court therefore allowed the application and ordered entry of judgment for the certified sum.
Court Disposition
application allowed
Orders
- Judgment is entered against the respondent for Kshs.113,062 as per the Certificate of Taxation dated 25th January 2016.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
MISC. CIVIL APPLICATION NO. 2 OF 2015
STEPHEN MUTINDA KAMWALO
T/A BIG STEP ENTERPRISES AUCTIONEERS.................... APPLICANT
VERSUS
PETER NYAGA MUVAKE ..................................................... RESPONDENT
RULING OF THE COURT
1. The Notice of Motion application before the court is dated 28th January 2016 seeking that judgment be entered against the Respondent for the sum of Kshs.113,062 as per the attached Certificate of Taxation dated 25th January 2016.
2. The application was served but the Respondent has not opposed it. Affidavit of service is filed on 22nd September 2016.
3. I am satisfied that the application is merited and I allow it as prayed.
Orders accordingly.
Dated and delivered at Machakos this 4thday of October 2016.
………………………………………
E. OGOLA
JUDGE
In the presence of;
Mr. Kamwalo the applicant
Court Assistant - Mr. Munyao