ALEX S. MASIKA V EPCO BUILDERS LIMITED [2009] KEHC 2170 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Case 372 of 2006

ALEX S. MASIKA:…………………………………PLAINTIFF

VERSUS

EPCO BUILDERS LIMITED:…………………DEFENDANT

R U L I N G

The Plaintiff herein ALEX S. MASIKA is the Applicant herein.  He moves the court under Order XXXV Rules 1 (1) a, (2) (3) and 9 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act and all enabling provisions of the Law that summary judgment be entered for the plaintiff against the Defendant in the sum of Kshs.1, 191,006. 80 being the taxed sum in the suit.  It is brought on the grounds that the Defendant is truly and justly indebted to the plaintiff and the sum due is the taxed costs between Advocate and client.  That the defence filed is a sham not disclosing any triable issues and it is likely to delay the fair trial of the suit herein.

The Application is supported by the supporting Affidavit of the Applicant which explains the events leading to the amount being claimed now.  Nothing is filed in opposition thereto.

I have given due consideration to this application.  I have seen the annexure marked ASM 8 which is the certificate of Taxation issued in HC.CC.Mis. Civil Application No.952 of 2006.  I find that the amount sought is properly due and the defence as filed does not in any way challenge it.  I accordingly enter judgment for the plaintiff in the sum of Kshs.1, 191,006. 80 together with costs of the Application and of the suit.

Orders accordingly.

DATED AT ELDORET THIS 11TH DAY OF MAY, 2009.

P. M. MWILU

JUDGE

DELIVERED AT NAIROBI THIS 15TH DAY OF MAY, 2009.

J. W. LESIIT

JUDGE

IN THE PRESENCE OF:-

………………………..Court Clerk

……………………….Advocate for the Plaintiff

…………………………Defendant