1. On 10th November 2023, I ruled as follows, at paragraph 6 of the typed ruling:
“Consequently, I hereby enter judgment as prayed, but the amount to be paid ultimately shall take into account any payments already made by the respondent, in respect of which accounts shall be taken before the Deputy Registrar/taxing officer, before execution proceedings are taken out.”
2. The applicant filed a statement of the moneys paid by the respondent, dated 16th July 2024. It indicates that Kshs. 90,000.00 had been received, and was utilised as court filing fees on plaint and allied papers, and deposit on Advocates fees. The certificate of costs was for Kshs. 307,399.00. After deducting the amount received the balance would be Kshs. 217,399.00
3. The respondent did not file a counter-statement. That would mean that the statement by the applicant is not challenged or contested.
4. The applicant is at liberty, to proceed to levy execution, to recover the sum of Kshs. 217,399.00, on the respondent. Orders accordingly.
DELIVERED VIA EMAIL, DATED AND SIGNED, IN CHMABERS, AT BUSIA, THIS
22ND DAY OF OCTOBER 2024
W MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Akinyi, instructed by Bruce Odeny & Company, Advocates for the applicant.
Mr. Achero, instructed by Achero Mufuayia & Company, Advocates for the respondent.
“Consequently, I hereby enter judgment as prayed, but the amount to be paid ultimately shall take into account any payments already made by the respondent, in respect of which accounts shall be taken before the Deputy Registrar/taxing officer, before execution proceedings are taken out.”
2. The applicant filed a statement of the moneys paid by the respondent, dated 16th July 2024. It indicates that Kshs. 90,000.00 had been received, and was utilised as court filing fees on plaint and allied papers, and deposit on Advocates fees. The certificate of costs was for Kshs. 307,399.00. After deducting the amount received the balance would be Kshs. 217,399.00
3. The respondent did not file a counter-statement. That would mean that the statement by the applicant is not challenged or contested.
4. The applicant is at liberty, to proceed to levy execution, to recover the sum of Kshs. 217,399.00, on the respondent. Orders accordingly.
DELIVERED VIA EMAIL, DATED AND SIGNED, IN CHMABERS, AT BUSIA, THIS
22ND DAY OF OCTOBER 2024
W MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Akinyi, instructed by Bruce Odeny & Company, Advocates for the applicant.
Mr. Achero, instructed by Achero Mufuayia & Company, Advocates for the respondent.