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…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…

…appellant for Kshs.1,100.00 with interest at court rates from the date of filing until payment in full. (3) Since the Respondent paid a substantial part of the claim immediately the suit was filed, the appellant will have 3/4 costs…

…filed appearance nor defence and the case was, on 25th February 1992, heard ex-parte and judgment delivered in favour of the respondent who was awarded Kshs 1,800/- special damages and Kshs 73,000/- as general damages plus costs…

…Half costs of the lower court and full costs of this appeal should be paid to the respondent in any event. Dated and Delivered at Eldoret this 24th day of August, 1993 D.K.S. AGANYANYA …………….. JUDGE…

…RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Porter, J ) dated June 17, 1983 In Civil Suit 3224 of 1979) ____________________ JUDGEMENT OF KNELLER, J A I, too, would dismiss the appeal with costs…

…The consequence is that this court now dismisses this appeal with costs. Dated and delivered at Nairobi this 4th day of July, 1986.…

…That costs of this application be provided for.…

…I confirm this amount together with costs of the suit in P.M. C.C. No 14/91 and costs of this application in the High Court.…

…The costs of this Application be provided for. 2.…

…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…

…However, as appears from Spry’s Notes on Practice and Procedure in the Court of Appeal for East Africa at page 13, Raniga v Jivraj [1965] EA 700 indicates that this may be a factor to be taken into account when ordering costs…

…In this case it is ordered that this appeal be struck out with costs to the respondents. Dated and Delivered at Nairobi this 10th Day of October, 1983 A.R.W. HANCOX …………………. JUDGE OF APPEAL Z.R. CHESONI …………………….…

…should compensate him with interest for the improvements he had made on that half he occupied for 18 years and, in any event, he should have his costs and interest on them.…

…Mr Justice J S Patel dismissed the application with costs on March 21, 1985 (about 5 1/2 years after it had been filed) because he found it was without merit.…

…The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days. Dated and delivered at Nairobi this 24th day of October, 1996. R.O. KWACH ............... JUDGE OF APPEAL P.K.…

…I agree with the order on costs proposed by Gachuhi JA. As Platt JA also agrees, it is so ordered. Gachuhi JA.…

…Regarding the costs, the trial judge allowed 3/4 of the cost to the plaintiff, appellant.…

…This appeal is allowed with costs here and in the superior court. Dated and delivered at Nairobi this 4th day of November, 1996. A. M. AKIWUMI ………………….. JUDGE OF APPEAL A.B. SHAH ……………………. JUDGE OF APPEAL S. E. O.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

…............... 4TH RESPONDENT) ORDER OF THE COURT There being no opposition to the application by counsel for the appellants to withdraw the appeal, the said appeal is now hereby marked as withdrawn with no order as to costs…

…We allow the same with costs to the appellant. Dated and delivered at Nyeri this 16th May, 1996. J.E. GICHERU ....................................... JUDGE OF APPEAL R.O.…

…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…The respondent had also been awarded costs of the action against Pauline W Kimuyu which were certified by the superior court at Kshs 20,882/40.…

…In his suit against the appellant he asked the superior court to enter judgment in his favour and against the appellant for Kshs 2,949,164/15, to award him costs of the suit and interest on the decretal sum and on costs.…

…The judge said: “… On costs, the plainti has basically lost and the defendant has in fact won. Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant.…

…In these circumstances, and exercising my discretion as regards costs under section 27(1) of the Civil Procedure Act, I shall not award to the defendant the costs of the suit.” 39.…

…The costs of this appeal are awarded to the appellant. Dated and delivered at Kisumu this 14th day of June, 1995. J. E. GICHERU ………………….. JUDGE OF APPEAL A. M. AKIWUMI …………………….. JUDGE OF APPEAL A.B. SHAH …………………….…