DR. CHRISTOPHER MUTHINI MBATHA v DR. FLORENCE MUKII MUKITA [2011] KEHC 1834 (KLR)

REPUBLICOF KENYA

HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE 525 OF 2008

DR. CHRISTOPHER MUTHINI MBATHA ……………….PLAINTIFF/RESPONDENT

VERSUS

DR. FLORENCE MUKII MUKITA…………………………. DEFENDANT/APPLICANT

RULING

This is an application by way of Notice of Motion dated 11th March 2011 filed on behalf of the defendant/applicant.   It was brought under Order 51 of the Civil Procedure Rules (Cap.21). The proper provision of the law should be Order 50 Rule 1 of the Civil Procedure Rules, and section 51 of the Advocates Act (Cap.16).

It is an application for judgment to be entered on taxed party and party costs. The application was served on the advocates for the respondent M/s Kalove & Company on 23/3/2011. However, no response was filed. The application therefore stands unopposed.

A copy of the certificate of taxation signed by the Deputy Registrar on 1st February 2011 is annexed to the application. I therefore find no reason not to allow the application, since the application is unopposed.

Consequently, I allow the application and grant prayer 1.

The plaintiff/respondent will pay the applicant costs of the application.

Dated and delivered at Nairobi this 12th day of July 2011.

………………………

GEORGE DULU

JUDGE

In the Presence of:-

No appearance for Plaintiff/Respondent

No appearance for Defendant/Applicant

Catherine – Court clerk