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ELRCAllowedNotice of Motion dated 3rd September 2020· [2020] KEELRC 64 (KLR)

Teresiah Wanjiru v Metal Crowns Limited & another [2020] KEELRC 64 (KLR)

High Court of Kenya
17 December 2020
NMNzioki wa Makau
256 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that once auctioneers' costs are taxed and certified, the paying party must settle them—and can face judgment for the exact amount.

What this practically means

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Executive summary

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The Applicant, Joseph Kahoro Mundia, an Auctioneer, moved the High Court by Notice of Motion dated 3rd September 2020 seeking entry of judgment against the Respondent for Kshs. 31,167.95, being auctioneers' costs taxed on 19th December 2019 and certified by the Deputy Registrar, together with liberty to execute against the Respondent and costs of the motion. The motion was supported by the affidavit of Joseph Kahoro Mundia, who deponed that the sum was the taxed bill of auctioneers' costs and that a certificate of taxation had issued. The Respondent filed no opposition despite being served on 7th December 2020, service being confirmed in court by its counsel, Miss Mokaya. The application was argued virtually on 16th December 2020. Nzioki wa Makau J held that the Respondent was bound to satisfy the costs as taxed by the Taxing Master of the Court. The judge entered judgment for the certified sum of Kshs. 31,167.95 and added Kshs. 5,000 as costs of the motion, ordering the Respondent to pay Kshs. 36,167.95 as full and final costs due to the Auctioneer within 14 days. The judgment was dated and delivered at Nairobi on 17th December 2020.

Key legal issues

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01

Enforcement of a taxed and certified bill of auctioneers' costs

Holding

Judgment entered for the certified sum of Kshs. 31,167.95 plus Kshs. 5,000 costs of the motion, payable within 14 days

Reasoning

The Applicant sought entry of judgment for the sum taxed on 19th December 2019 and certified by the Deputy Registrar. The motion was unopposed; the Respondent was served on 7th December 2020 as confirmed by its counsel. The court held the Respondent bound to satisfy the costs as taxed by the Taxing Master and added Kshs. 5,000 as costs of the motion.

p. 2

Legal principles established

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  • A party is bound to satisfy costs as taxed and certified by the Taxing Master of the Court.

Court orders

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  1. 1.Judgment entered against the Respondent for the taxed costs of Kshs. 31,167.95
  2. 2.Kshs. 5,000 added as costs of the motion
  3. 3.Respondent to pay Kshs. 36,167.95 as full and final costs due to the Auctioneer within 14 days
Jurisdiction invoked
Not stated in the judgment; High Court supervisory and adjudicative jurisdiction over taxed auctioneers' costs certified by the Deputy Registrar

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Teresiah Wanjiru v Metal Crowns Limited & another [2020] KEELRC 64 (KLR)", Case Analysis (2020). Notice of Motion dated 3rd September 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/64/eng@2020-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.