Mereka & Co. Advocates v Engineer A.S. Kitololo T/A Kitololo Consultants Engineers [2014] KEHC 3604 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI COMMERCIAL &ADMIRALTY DIVISION

CIVIL CASE NO. 394  OF 2011

MEREKA & CO. ADVOCATES  ::::::::::: ADVOCATE/APPLICANT

-VERSUS-

ENGINEER A.S. KITOLOLO

T/A KITOLOLO CONSULTANTS ENGINEERS  ::: RESPONDENT

R U L I N G

The Notice of Motion application before the court is dated 21st August 2002 filed under Order 51 Subsection 2 of the Advocates Act. The application seeks the following orders:-

That the Honourable Court be pleased to enter Judgement for amount of Kshs.19,163. 02/= in the suit herein in terms of the certificate of costs dated 9th August 2012.

That pursuant to the Judgement, a decree be issued for enforcement/execution.

That the costs of this application be in the cause.

The application is premised on the several grounds set out therein and is supported by affidavit of DAVID MUKII MEREKA dated 17th August 2012. The application is not opposed.

I have seen a copy of the Certificate of Taxation dated 9th August 2012 annexed as DMM1 for Kshs.19,163. 02 in support of the application. In my view the application is merited.  A lawful process of taxation took place as deponed to in the supporting affidavit and which taxation returned a verdict of Kshs.19,163. 02/=.  The jurisdiction of this court is now only to enter the said taxed costs as Judgement of this court in the absence of any opposition.

In the upshot I enter judgement in terms of prayers number 1 of the application for Kshs.19,163. 02 and direct that a decree be issued for enforcement on execution. Cost shall remain in the cause.

Orders accordingly.

READ, DELIVERED AND DATED AT NAIROBI

THIS 31ST DAY OF JULY 2014

E. K. O. OGOLA

JUDGE

PRESENT:

M/s for Applicant  Wang’ombe

Mtr. Akhulu for Respondents

Teresia – Court Clerk