Kinyanjui Njuguna & Co.Advocates v Directline Assurance Co. Limited [2025] KEHC 3808 (KLR) | Taxation Of Costs | Esheria

Kinyanjui Njuguna & Co.Advocates v Directline Assurance Co. Limited [2025] KEHC 3808 (KLR)

Full Case Text

Kinyanjui Njuguna & Co.Advocates v Directline Assurance Co. Limited (Civil Miscellaneous Application 120 of 2020) [2025] KEHC 3808 (KLR) (25 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3808 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Miscellaneous Application 120 of 2020

DO Chepkwony, J

March 25, 2025

Between

Kinyanjui Njuguna & Co. Advocates

Advocate

and

Directline Assurance Co. Limited

Client

Ruling

1. The matter is scheduled for hearing of the Notice of Motion application dated 28th February, 2024 in which the Applicant is seeking for orders:-a.That Judgment/Decree be entered for the Applicant against the Respondent for the sum of Kenya Shillings Two and Sixty Nine Thousand, Three Hundred and Fourty Four (Kshs.269,344. 00) together with interest at the rate of 14% per annum from 2nd February, 2018 until payment in full.b.That the cost of this application be awarded to the Applicant.

2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Kinyanjui Theuri on 28th February, 2024. The gist of it being that the Certificate of Taxation was issued on 9th September, 2020 and the same has neither been altered, varied or set aside since or has it been disputed.

3. Counsel for the Respondent confirm that they have no objection to the application save for costs since they have conceded to the same.

4. There being no objection by the Respondent, the Notice of Motion application dated 28th February, 2024 is hereby allowed in the following terms:-a.Judgment be and is hereby entered for the Applicant against the Respondent for the sum of Kenya Shillings Two and Sixty Nine Thousand, Three Hundred and Fourty Four (Kshs.269,344. 00) together with interest at the rate of 14% per annum from 2nd February, 2018 until payment in full.c.There shall be no orders for costs.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25THDAY OFMARCH, 2025. D. O. CHEPKWONYJUDGE