Case law
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Division and case type: CivilCivil Appeal
…The respondent asked that the costs of the appeal should not be awarded today, but that the costs should be ordered to follow the event of the appeal in the High Court.…
…There will be no order on costs today, but the costs of this appeal will follow the event in the High Court. The deposit paid to the Court of Appeal by the appellant will be returned to him.…
Division and case type: Environment and LandCivil Appeal
…Let’s see what the law says on taxation of Advocate/Client Bill of Costs.…
…Only party and party costs can be assessed by the same court that heard and determined the dispute. 29. On the whole, I nd that the taxation of Advocate/Client Bill of Costs by Hon.…
Division and case type: CivilCivil Appeal
…Musyoka estimated those costs at Shillings 1.2 million. We have not been persuaded that this was in any way so high or that it was in any way erroneous. We on our part would not disturb this award.…
…The respondent shall pay to the appellant one-half of the costs of this appeal. Dated and delivered at Nairobi this 7th day of March, 1997. J. E. GICHERU ……………………. JUDGE OF APPEAL A. A. LAKHA ……………………..…
Division and case type: CivilCivil Appeal
…He rejected the larger one because it was based on the fact that Sarikas was not chosen because it had kept mum about its unit costs.…
…He agreed it was the duty of the contractor to mitigate the losses they suffered by asking Sarikas for its unit costs.…
Division and case type: CivilCivil Appeal
…The court discussed the third ground in some detail and after full consideration all 3 grounds of objection are dismissed with costs.…
…The plaintiff will pay the costs of the Defendant. The application filed on 27 November 1989 seeking a temporary injunction is dismissed with costs.…
Division and case type: CivilCivil Appeal
…I am therefore in agreement with the appellant that the Clause (k) of the Letter of Offer is applicable in this case and it states as follows; All legal charges including valuation, stamp duties or other fees, costs and expenses…
…The judgment and decree of the subordinate court be and is hereby set aside and is substituted with an order dismissing the suit with costs to the appellant. b.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel urged the court to allow this appeal with costs.…
…He prayed that the appeal be dismissed with costs. These are submissions made in this appeal which I heard, recorded and have considered.…
Division and case type: CivilCivil Appeal
…The plaintiff prayed first, for orders that there be extension for the caveat beyond the forty five days mentioned in the notice by the Registrar of Titles and secondly for costs to be provided with.…
…For these reasons, I am unable to agree with the conclusions of the High Court and I, therefore, would allow the appeal with costs and costs of the High Court proceedings and order that the order dated December 20, 1988 be…
Division and case type: CivilCivil Appeal
…The costs of the application, the respondents suggested, should be the subject of an order making them costs in the cause but the learned judge rejected this and, instead, ruled that there would be no order as to the costs…
…Accordingly, I am of view that this appeal should be allowed with costs for the reasons I have set out. Simpson CJ.…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
Division and case type: CivilCivil Appeal
…The learned judge dismissed Wamunyama’s appeal with costs on December 24, 1982.…
…He asked for security for the costs if this application were allowed. Whether or not the applicant can pay the taxed costs in the subordinate and High Court and file an appeal, is for him to decide.…
Division and case type: CivilCivil Appeal
…I would award to the appellant the costs in this appeal and the costs in the High Court. The taxed costs to have interest from the date of taxation to the day of payment in full.…
…On the evidence before the court the learned trial judge dismissed the appellant’s case with costs.…
Division and case type: CivilCivil Appeal
…defendant constructed houses in my land and refused to move to his one acre plot awarded by Land committee Officers it had already excised by the said officers …… The plaintiff prays: 1) Judgment against the defendant 2) Costs…
…He therefore prayed for judgment and the costs of the suit.…
Division and case type: CivilCivil Appeal
…Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal be continued thereafter between the appellants, including the substituted party or parties, and the respondent, and the costs…
…These two consolidated appeals were filed on September 28, 1982 and they are from the rulings of August 20, 1982 of the High Court (Mr Justice Chesoni, as he then was) in Nairobi dismissing with costs the appellants’ applications…
Division and case type: CivilCivil Appeal
…including the costs of the said three applications. .............................”…
…(c) “the plaintiff, (ie the first respondent) its costs in respect of cross-examination and re-examination of Mr James Fredrick Norbury ..........................”…
Division and case type: CivilCivil Appeal
…I would award the costs of the appeal to the appellant. I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…
…I would grant the costs of the appeal to the appellant. But in so far as the appellant did not take all the points in the High Court which he should have done, each party will bear his own costs in the High Court.…
Division and case type: CivilCivil Appeal
…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…
…Khaminwa purported to withdraw is hereby dismissed with costs. 2. Costs of adjournment assessed at Kshs.5,000/= is awarded tot he appellant. 3. Supplementary record if any, be filed within 45 days from to-day. 4.…
Division and case type: CivilCivil Appeal
…petition are that(a) The marriage between the petitioner and respondent be dissolved; (b) The petitioner be granted custody care and control of the minor children of the marriage and (c) The respondent be condemned to pay costs…
…The appellant shall have the costs of this appeal. Orders accordingly. Dated and delivered at Nairobi this 13th day of July, 1998 A. MBOGHOLI MSAGHA JUDGE Appellant in person/present No appearance for the respondent…
Division and case type: CivilCivil Appeal
…He awarded interest on the principal sum at the rate of 12% pa from the date of filing suit, and on costs at the same rate from the date of taxation, until payment in full.…
…Consequently this appeal should be dismissed with costs. As Gicheru Ag JA agrees it is so ordered. Gicheru Ag JA.…
Division and case type: CivilCivil Appeal
…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…