Musembi v Africa Merchant Assurance Co. Ltd [2022] KEHC 11801 (KLR)

Musembi v Africa Merchant Assurance Co. Ltd (Civil Miscellaneous Application E037 of 2021) [2022] KEHC 11801 (KLR) (11 May 2022) (Ruling)

Neutral citation: [2022] KEHC 11801 (KLR)

Republic of Kenya

In the High Court at Makueni

Civil Miscellaneous Application E037 of 2021

GMA Dulu, J

May 11, 2022

Between

Kitindio Musembi

Applicant

and

Africa Merchant Assurance Co. Ltd

Respondent

Ruling

1. This cause arises out of a taxation of advocate client bill of costs by the Taxing Officer Hon Otieno J done on September 9, 2021 arising from civil proceedings in Kilungu PMCC No 162 of 2017.

2. The bill of costs was taxed at Kshs 324,969/= after Kshs 59,969/= was taxed off.

3. The taxed costs not having been paid, the advocate Ms Kitindio Musembi & company have come to the High Court through an application by way of notice of motion dated August 17, 2021 under section 51(2) of the Advocates Act and Order 51 rule 1 of the Civil Procedure Rules seeking entry of judgment for the amount liberty to execute against the respondent and costs.

4. The respondent has not filed any response, thus the application stands unopposed.

5. The application having not been opposed, I find no basis for declining to grant the prayers sought.

6. I thus allow the application and order as follows –1. Judgment be and is hereby entered for the sum of Kshs 324,796/= as taxed and certified by the Deputy Registrar as due to the applicant herein.2. The applicant be at liberty to execute against the respondent.3. The costs of this application will be borne by the respondent.

DELIVERED, SIGNED & DATED THIS 11TH DAY OF MAY, 2022 IN OPEN COURT AT MAKUENI.……………………………….GEORGE. DULUJUDGE