Andrew B Khakula T/A Js Khakula & Co Advocates v Trident Insurance Company Limited

Khakula t/a JS Khakula & Co Advocates v Trident Insurance Company Limited (Miscellaneous Civil Application E010 of 2023) [2025] KEHC 1855 (KLR) (14 February 2025) (Ruling) Neutral citation: [2025] KEHC 1855 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CIVIL APPLICATION E010 OF 2023 DO CHEPKWONY, J FEBRUARY 14, 2025 BETWEEN ANDREW B KHAKULA T/A JS KHAKULA & CO ADVOCATES ... APPLICANT AND TRIDENT INSURANCE COMPANY LIMITED ............................ RESPONDENT RULING 1. For determination before this court is the Applicant’s Notice of Motion Application dated 28th November, 2024, seeking for: a. Judgment in the taxed sum of Kshs. 35,500.00/= be entered against the Respondent. b. The Applicant be awarded interest of 14% per annum from 25th July, 2024, on the judgment sum. c. Costs of this application be provided for. 2. The application is based on the grounds set out on its face and Supporting Affidavit of Dr. Andrew B. Khakula sworn on even date. The gist of the application is that the Respondent has not settled the fixed costs vide a ruling delivered on 25th July, 2024, and a certificate of the same issued. 3. The court directed the application to be served upon the Respondent for a response to be filed and fixed the same for interparte hearing on 30th January, 2025. 4. When the application came up for interpartes hearing on 30th January, 2025, neither the Respondent nor its counsel were in attendance. There was also no representation to explain their absence. This was despite the application and hearing notice having been served upon the Legal Officer for the Respondent on 9th December, 2024, as evidenced by the Affidavit of Service sworn on 10th December, 2024, by Godfrey Paul Okutoyi, a licensed process server. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/1855/eng@2025-02-14 1

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