Muri v Pleasant View Schools Limited & another [2023] KEHC 18252 (KLR) | Taxation Of Costs | Esheria

Muri v Pleasant View Schools Limited & another [2023] KEHC 18252 (KLR)

Full Case Text

Muri v Pleasant View Schools Limited & another (Civil Appeal 477 of 2017) [2023] KEHC 18252 (KLR) (Civ) (8 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18252 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal 477 of 2017

JN Mulwa, J

June 8, 2023

Between

Boniface Kimita Muri

Applicant

and

Pleasant View Schools Limited

1st Respondent

Samwel Kimani Ngigi

2nd Respondent

Ruling

1. By an application dated May 26, 2022, the Applicant Boniface Kimita Muri seeks orders that judgment be entered in his favour against the Respondents in respect of the taxed costs and certificate of taxation dated 8/036/2021 in the sum of Kshs 75,430/- with interest thereon at the rate of 14% per annum from September 17, 2020 until payment in full.

2. Though served with both the Application and the Certificate of Taxation, the Respondents have not objected to either of the orders sought.

3. I have perused the Certificate of Taxation dated March 8, 2021. On the July 13, 2022, the application came up for hearing before this court. The Respondent was represented by Lusweti Advocate holding brief for Mugo who sought time to file a response to the application for which the court granted 14 days. The court further directed the parties to file submissions, which none of them filed. In the circumstances the Court is satisfied that the Respondent opted not to defend the application out of own volition.

4. Pursuant to Rule 7 of the Advocate Remuneration Order 2014, the court is satisfied that the applicant is deserving of the orders sought.

5. Consequently, the application dated May 26, 2022 is allowed.Judgment is therefore entered for the applicant against the respondents in the sum of Kshs 75,430/= plus interest at 14% effective from the date of filing of the application being the June 21, 2022 with no orders as to costs on the application.Order accordingly.

DELIVERED DATED AND SIGNED THIS 8TH DAY OF JUNE, 2023JANET MULWAJUDGE