Case ID:168858

Teresiah Wanjiru v Metal Crowns Limited & another [2020] eKLR

Case Metadata

Case Number:

Cause 338 of 2014

Parties:

Teresiah Wanjiru v Metal Crowns Limited & Joseph Kahoro Mundia T/A Upstate Kenya Auctioneers

Date Delivered:

17 Dec 2020

Case Class:

Civil

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

Nzioki wa Makau

Citation:

Teresiah Wanjiru v Metal Crowns Limited & another [2020] eKLR

Court Division:

Employment and Labour Relations

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT

&

LABOUR RELATIONS

COURT OF KENYA AT NAIROBI

CAUSE NO. 338 OF 2014

TERESIAH WANJIRU........................................................................CLAIMANT

VERSUS

METAL CROWNS LIMITED ......................................................RESPONDENT

AND

JOSEPH KAHORO MUNDIA

T/A UPSTATE KENYA AUCTIONEERS.........................................APPLICANT

RULING

1. Before me is the Notice of Motion application dated 3

rd

September 2020. Through it, the Applicant/Auctioneer seeks that this Honourable Court be pleased to enter judgment against the Respondent for the sum of Kshs. 31,167.95 taxed on 19

th

December 2019 and certified by the Deputy Registrar as the amount due to the Applicant. The Auctioneer also sought that he be at liberty to execute against the Respondent and the costs of the motion be borne by the Respondent. The motion was supported by the affidavit in support sworn by Joseph Kahoro Mundia. He deponed that the sum in question was the taxed bill of auctioneers costs and the certificate of taxation issued by the Deputy Registrar of this Court certified the costs as taxed.

2. There was no opposition filed against the motion and it was argued before me virtually on 16

th

December 2020. The Respondent had been served on 7

th

December 2020 as confirmed by the Counsel appearing for the Respondent one Miss Mokaya. The Respondent is bound to satisfy the costs incurred by the Auctioneer as taxed by the Taxing Master of this Court. The Taxing Master certified the sum due as being Kshs 31,167.95 to which I will add Kshs. 5,000/- as costs for the motion herein. The Respondent is therefore to pay Kshs. 36,167.95 being the full and final costs due to the Auctioneer within 14 days of today.

It is so ordered.

Dated and delivered at Nairobi this 17

th

day of December 2020

Nzioki wa Makau

JUDGE