REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU MISC. CIVIL APPLICATION NO 62 OF 2017 OSCAR OTIENO ODONGO t/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 THIS 15th DAY OF February 2018 T.W. CHERERE JUDGE Read in open court in the presence ofCourt Assistant - Felix and Carol For the Applicant - Mr Ondego/Ragot For the Respondent -Ms Nyamite
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