Oscar Otieno Odongo t/a Odongo Investment Auctioneers v Tobias O. See [2018] KEHC 8230 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CIVIL APPLICATION NO 62 OF 2017

OSCAR OTIENO ODONGOt/a Odongo

Investment Auctioneers..……APPLICANT/AUCTIONEER

VERSUS

TOBIAS O. SEE……………...........….……..RESPONDENT

JUDGMENT

By a notice of motion dated22. 1.18, the applicant prays for orders:-

1) THAT the Honourable Court be pleased to enter judgment against the respondent in terms of the certificate of assessment of costs certificate of costs

2) THAT the costs of this application be borne by the respondent

The motion is premised on the grounds on the body of the application and the supporting affidavit of the applicant sworn on 22. 1.18. Attached to the affidavit is the certificate of assessment of costs for the sum of Kshs. 57,206/- issued on 20. 9.17.

When the application came for hearing on 15. 2.18, the respondent, though served, had not filed any response to the application. The application is therefore not opposed.

As it stands now the Certificate of Assessment of Costs has not been set aside or altered. In the circumstances, I see no reason to deny the applicant, judgment as sought.

The upshot of this is that the notice of motion dated 22. 1.18 succeeds and is allowed in the following terms:

a) Judgment is hereby entered for the applicant against the Respondent for Kshs. 57,206/-

b) Respondent will bear the costs of this application.

DATED AND DELIVERED ON THIS15thDAY OFFebruary2018

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant         - Felix and Carol

For the Applicant     - Mr Ondego/Ragot

For the Respondent -Ms Nyamite