Case law
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Division and case type: High Court CivilCivil Appeal
…That the costs of this application be provided for. 2. The application is supported by the affidavit of Harriet N.…
…The Applicant is hereby condemned to pay costs of this application to the 1st Respondent which costs are assessed at Kshs.15,000.…
Division and case type: High Court CivilCivil Appeal
…The next issue is that of costs.…
…Costs are generally discretionally. However, the discretion is not arbitrary.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On repair costs, the Respondent submitted that while the Appellant pleaded Kshs. 158,472 as repair costs, the primary assessment report initially estimated repairs at Kshs. 137,112, while a later re-inspection report revised…
…It therefore contended that the re-inspection report is unreliable and inconsistent as it lacks a proper breakdown of costs.…
Division and case type: High Court CivilCivil Appeal
…What orders should issue, including, as to costs. The Law Section 21(1)–(3) GPA stipulates as follows: - 21.…
…and the costs require to be taxed, at any time after the costs have been taxed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order: Provided that, if the…
Division and case type: High Court CivilCivil Appeal
…The Appellant was served with the bill of costs and taxation notice dated 16.5.25 and even filed submissions in opposition thereto.…
…Further, that the Application is overtaken by events as the bill of costs was taxed on 15.7.25.…
Division and case type: High Court DivCivil Appeal
…THAT costs of this application be provided for. 2. The application is supported by the grounds set out in the body of the Motion and the affidavit sworn by Philip Ndegwa Bundi, counsel for the appellants.…
…I order that the security for costs deposited by the appellants on 9th April 2024 be released to them forthwith. The Deputy Registrar is directed to facilitate the process of release.…
Division and case type: High Court DivCivil Appeal
…The Appellants urged the appellate court to interfere with the order on costs and award them costs both in the trial court and on appeal. 27.…
…On the issue of costs, the Respondent submitted that the award of costs is a matter within the discretion of the court under Section 27 of the Civil Procedure Act. 39.…
Division and case type: High Court CivilCivil Appeal
…Who bears the costs of the Appeal. 32. On the issue of costs, this Court is guided by Section 27 of the Civil Procedure Act which provides that costs are awarded at the discretion of the Court.…
…Although costs ordinarily follow the event, the Court retains unfettered discretion to make such order as to costs as may be just in the circumstances of each case. 33.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On costs, the award of costs in this court are governed by Section 27 of the Civil Procedure Act. They are discretionally.…
…Although there is eminent good sense in the basic rule of costs– that costs follow the event – it is not an invariable rule and, indeed, the ultimate factor on award or non-award of costs is the judicial discretion.…
Division and case type: High Court DivCivil Appeal
…ON COSTS 14. It is a fundamental principle of our civil procedure that costs follow the event, unless the court, for good reason, directs otherwise. 15.…
…Section 27 of the Civil Procedure Act vests this Court with the discretion to award costs, a discretion that must be exercised judiciously.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Costs: 31. In Joseph Oduor Anode v.…
…In matters of costs, the general rule as adumbrated in the aforesaid statute [the Civil Procedure Act] is that costs follow the event unless the court is satisfied otherwise.…
Division and case type: High Court DivCivil Appeal
…Muthoni, Resident Magistrate) delivered a ruling on 23rd June 2023, dismissing the Appellant’s claim with costs.…
…On the issue of costs, the Respondent relied on Section 27 of the Civil Procedure Act, submitting that costs follow the event and that the Learned Adjudicator exercised judicial discretion properly.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondents do pay costs of this appeal and suit in lower court. 9. The court has looked at and reviewed the appellant’s submissions buttressing the grounds of appeal.…
…The issues for determination is whether the appeal has merit and who shall bear the costs. 11.…
Division and case type: High Court DivCivil Appeal
…Costs 71.…
…The award of costs is governed by section 27(1) of the Civil Procedure Act, which provides that costs are within the discretion of the Court, subject to the general principle that costs follow the event unless the Court,…
Division and case type: High Court CivilCivil Appeal
…The Appellant sued the Respondent in Plaint dated 20th April 2021 seeking special and general damages for injuries suffered on 22nd February 2021 together with costs of the suit and interest on the damages and costs at court…
…Costs of the appeal be awarded. The appeal herein was canvassed by way of written submissions.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On this basis, the Respondent urges that the appeal be dismissed with costs. 13.…
…(ii) Whether the Respondent was entitled to costs of Kshs. 4,000/ 34.…
Division and case type: High Court CivilCivil Appeal
…Costs and interests be borne by the defendant." 5.…
…On the issue of costs, the general rule is that costs follow the event as provided under Section 27 of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…Costs of the suit (c). Interest at court rates on (a) & (b) from 14th June 2006.…
…The judgement and decree of the subordinate court be dismissed The costs of the Respondent’s suit before the subordinate court be awarded to the Appellant. The costs of the appeal be awarded to the Appellant.…
Division and case type: High Court CivilCivil Appeal
…2nd Respondent for Kshs. 350,000 together with interest thereon and costs. 6.…
…The 1st Respondent prayed that they are awarded costs of the appeal. 9.…
Division and case type: High Court DivCivil Appeal
…delivered on 18 th January 2024, enter judgment in his favour, and award him the costs of the appeal.…
…Costs ordinarily follow the event pursuant to Section 27 of the Civil Procedure Act unless the court, for good reason, orders otherwise. 48) Since the dismissal of the suit cannot stand, the consequential order on costs must…