[2020] KEELRC 64 (KLR)
The court held that since the auctioneer's costs had been taxed and certified by the Deputy Registrar, and there was no opposition from the respondent, the respondent is obligated to pay the certified sum. The court further awarded additional costs for the motion, making the total amount payable Kshs. 36,167.95. The...
Source-derived case information.
- Citation
- [2020] KEELRC 64 (KLR)
- Parties
- Claimant: Teresiah Wanjiru; Respondent: Metal Crowns Limited; Applicant: Joseph Kahoro Mundia T/A Upstate Kenya Auctioneers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 338 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Auctioneer's Application for Judgment on Taxed Costs
- Outcome
- application allowed
- Judges
- AN Makau
- Legal Topics
- Taxation of Costs, Auctioneer Costs, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresiah Wanjiru
Claimant
Metal Crowns Limited
Respondent
Joseph Kahoro Mundia T/A Upstate Kenya Auctioneers
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Auctioneer's Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant/auctioneer is entitled to judgment for the taxed and certified costs against the respondent.
- 2 Whether the respondent should bear the costs of the motion.
Ratio Decidendi
The court held that since the auctioneer's costs had been taxed and certified by the Deputy Registrar, and there was no opposition from the respondent, the respondent is obligated to pay the certified sum. The court further awarded additional costs for the motion, making the total amount payable Kshs. 36,167.95. The respondent is to pay this sum within 14 days, failing which execution may issue. The decision is grounded on the principle that costs taxed and certified by the court are enforceable as a judgment debt.
Court Disposition
application allowed
Orders
- Judgment entered for the applicant/auctioneer against the respondent for Kshs. 36,167.95.
- Respondent to pay the sum within 14 days of the ruling date.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 338 OF 2014
TERESIAH WANJIRU........................................................................CLAIMANT
VERSUS
METAL CROWNS LIMITED ......................................................RESPONDENT
AND
JOSEPH KAHORO MUNDIA
T/A UPSTATE KENYA AUCTIONEERS.........................................APPLICANT
RULING
1. Before me is the Notice of Motion application dated 3rd September 2020. Through it, the Applicant/Auctioneer seeks that this Honourable Court be pleased to enter judgment against the Respondent for the sum of Kshs. 31,167. 95 taxed on 19th December 2019 and certified by the Deputy Registrar as the amount due to the Applicant. The Auctioneer also sought that he be at liberty to execute against the Respondent and the costs of the motion be borne by the Respondent. The motion was supported by the affidavit in support sworn by Joseph Kahoro Mundia. He deponed that the sum in question was the taxed bill of auctioneers costs and the certificate of taxation issued by the Deputy Registrar of this Court certified the costs as taxed.
2. There was no opposition filed against the motion and it was argued before me virtually on 16th December 2020. The Respondent had been served on 7th December 2020 as confirmed by the Counsel appearing for the Respondent one Miss Mokaya. The Respondent is bound to satisfy the costs incurred by the Auctioneer as taxed by the Taxing Master of this Court. The Taxing Master certified the sum due as being Kshs 31,167. 95 to which I will add Kshs. 5,000/- as costs for the motion herein. The Respondent is therefore to pay Kshs. 36,167. 95 being the full and final costs due to the Auctioneer within 14 days of today.
It is so ordered.
Dated and delivered at Nairobi this 17th day of December 2020
Nzioki wa Makau
JUDGE