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Musembi v Africa Merchant Assurance Co. Ltd (Miscellaneous Application E032 of 2021) [2022] KEHC 588 (KLR) (11 May 2022) (Ruling)
Neutral citation:
[2022] KEHC 588 (KLR)
Republic of Kenya
Miscellaneous Application E032 of 2021
GMA Dulu, J
May 11, 2022
Between
Kitindio Musembi
Applicant
and
Africa Merchant Assurance Co. Ltd
Respondent
(This cause arose out of a taxation of Advocate Client Bill of costs by the Taxing Officer Hon. Otieno J. done on August 9, 2021 arising from civil proceedings in Makindu PMCC No 97 of 2016.)
Ruling
1.This cause arises out of a taxation of Advocate Client Bill of costs by the Taxing Officer Hon. Otieno J. done on August 9, 2021 arising from civil proceedings in Makindu PMCC No 97 of 2016.
2.The Bill of Costs was taxed at Kshs 179,821/40 after Kshs 45,295/60 was taxed off.
3.The taxed costs not having been paid, the advocate Ms. Kitindio Musembi & company have come to the High Court through an application dated August 17, 2021 by way of Notice of Motion dated August 17, 2021 under section 51(2) of the Advocates Act and Order 51 Rule 1 of the Civil Procedure Rules seeking entry of judgment for the amount liberty to execute against the respondent and costs.
4.The respondent has not filed any response, thus the application stands unopposed.
5.The application having not been opposed, I find no basis for declining to grant the prayers sought.
6.I thus allow the application and order as follows –1.Judgment be and is hereby entered for the sum of Kshs 179,821.40 as taxed and certified by the Deputy Registrar as due to the applicant herein.2.The applicant be at liberty to execute against the respondent.3.The costs of this application will be borne by the respondent.
DELIVERED, SIGNED & DATED THIS 11TH DAY OF MAY, 2022 IN OPEN COURT AT MAKUENI.GEORGE. DULUJUDGE
