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…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…

…In also award costs of the suit including the costs of the application for summary judgment to the plaintiff. Dated and delivered at Nairobi this11th day of January , 1989 G.S PALL JUDGE…

…, the Defendants are entitled to an award of costs of the suit. 7.…

…The law governing the award of costs is found in Section 27(1) of the Civil Procedure Act, which provides that costs are in the discretion of the Court, but that such costs shall follow the event unless the Court, for good…

….…..PLAINTIFF VERSUS CYPRIAN SHALAHO……………………………………………………..1ST DEFENDANT RULING The singular issue for determination is on costs: to whom are costs payable?…

…However, the Court failed to pronounce itself on costs. This matter was placed before me on 24th February 2025 to determine the issue of costs. Mr.…

…The award of costs is governed by the principle that costs follow the event, as established in Section 27 of the Civil Procedure Act, Cap 21 of the Laws of Kenya.…

…While applying the principle in Jasbir Singh Rai case that costs normally follow the event, has an event to which costs would follow materialized? The answer is in the positive.…

…of Costs) and that the Bill of Costs be taxed on merit.…

…The Applicant submitted that the High Court in a Ruling dated 21st December 2023 awarded the Respondent costs of the Application and costs for the Preliminary Objection; that the Respondent filed Bill of Costs dated 3rd May…

…There is no evidence of the prejudice to be suffered by the applicant if the Bill of costs is taxed. Moreover, that taxation of Bill of costs cannot mean stay of execution.…

…ascertainment of quantum of costs payable.…

…I awarded costs to the respondent jointly and/or severally against both defendants. 3. I see that the respondent filed a bill of costs dated 5 December 2024 asking for costs of Kshs. 3, 607, 650/=.…

…I am therefore persuaded to set aside the taxation of the respondent’s bill of costs and also persuaded to set aside the entire process of execution of the said costs. 8.…

…of the Civil Procedure Act on the award of costs being discretionary.…

…They sought that the plaintiff's suit should stand withdrawn and costs be awarded and that the Bill of Costs be placed for taxation before the Registrar.…

…The defendants had a right to be heard in the bill of costs and having filed submissions, it was a misdirection on the part of the taxing master to hold that the bill of costs was unopposed. c.…

…That so as to accord the defendants an opportunity to be heard in the bill of costs, it is only fair and just that the ruling of 13th March 2024 be set aside and the bill of costs dated the 21st June 2023 be remitted back…

…Parties did not however agree on costs. At their request, the matter was scheduled for mention on 26th June 2025 so that parties address the Court on costs.…

…In response, Ms Omari learned Counsel for the Plaintiff submitted that costs usually follow the event and that an unsuccessful party bears costs.…

…The Supreme Court stated as follows: “The purpose of the security for costs order was to alleviate the concerns of potential difficulties in seeking to recover costs.…

…The costs protected the defendant or a respondent against the risk that a costs order made in its favour may be rendered ineffective by the plaintiff’s impecuniosity.…

…(c) THAT the issue of costs will be determined by the Honourable Court through written submissions hereof.” 3. In compliance with this consent both parties filed in court written submissions on the issue of costs ONLY .…

…occasion, by successful suit, then the defendant or respondent will bear the costs.…

…(c) THAT the issue of costs will be determined by the Honourable Court through written submissions hereof.” 3. In compliance with this consent both parties filed in court written submissions on the issue of costs ONLY .…

…occasion, by successful suit, then the defendant or respondent will bear the costs.…

…That the Bill of Costs dated 25th November 2024 be deemed properly on record and proceed to taxation and lastly that the costs of this Application be provided for.…

…The said representation was false as there was no settlement or consent regarding costs, and the Applicants never waived their entitlement to costs.…

…THAT costs of this application be provided for.”…

…Costs can be determined before a decree is issued or subsequently, after the Decree has been drawn. However, for one to recover costs, there must be a decree.…

…the bill of costs for fresh taxation. d.…

…Who bears the costs? 5.…

…H.I Ongudi L.J dismissed the Plaintiff's suit with costs, it did not expressly award costs to the Third Party against the Plaintiff.…

…The learned Judge did not limit the award of costs to the Defendant. Neither did the Court reserve the issue of the Third Party's costs nor direct that those costs would be borne by the Defendant.…

…In the ruling on the bill of costs giving rise to the certificate of costs in question, the taxing master stated as follows: Before court for Taxation is the Defendant’s Party and Party Bill of Costs dated 10.08.2018.…

…It is manifest that the bill of costs and certificate of costs were informed by the decision of the Court of Appeal awarding costs to the Defendant in the High Court.…

…General damages for trespass Costs of the counter-claim.…

…The court awarded the Plaintiff the costs of the suit. On 9th November 2021, the Plaintiff filed a party and party bill of costs for taxation against the Defendant.…