Kitindio Musembi v Africa Merchant Assurance Co. Ltd

Musembi v Africa Merchant Assurance Co. Ltd (Miscellaneous Application E047 of 2021) [2022] KEHC 528 (KLR) (11 May 2022) (Ruling) Neutral citation: [2022] KEHC 528 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI MISCELLANEOUS APPLICATION E047 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 9th September 2021 arising from civil proceedings in Kilungu PMCC No. 222 of 2018. 2. The Bill of Costs was taxed at Kshs.80,910/= after Kshs.73, 922/= 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 17th August 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.80,910/= 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2022/528/eng@2022-05-11 1

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