Case law
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Division and case type: CivilCivil Appeal
…We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent. Orders accordingly.…
Division and case type: CivilCivil Appeal
…The other complaint is on the taxed costs. The bill of costs filed on November 24, 1988 does not, in my view, appear to have been taxed.…
…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…
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
…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.…
Division and case type: CivilCivil Appeal
…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 …………………….…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I would award the Appellant the costs in this Court and below and observe that the Respondent is entitled to the return of the price paid. 12.…
Division and case type: CivilCivil Appeal
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
…In the result this appeal is ordered to be dismissed with costs. November 30, 1987 PLATT, APALOO JJA & MASIME Ag JA…
Division and case type: CivilCivil Appeal
…As regards the costs, each side has had a measure of success, but the preponderance of success on this appeal has been with the appellant.…
…I would award him 60% of his costs of this appeal, but I would not, having considered the matter, certify for two counsel.…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with costs. Apaloo JA. I also agree. Platt JA has set out the facts and the relevant matters for consideration with his usual clarity.…
…Like my brothers, I also think that this appeal fails and should be dismissed with costs. Nyarangi JA. I agree.…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
…The appeal should be dismissed with costs. Dated at Kisumu this 6th day of May 1986. A.A.KNELLER ....................................... JUDGE OF APPEAL A.R.W.HANCOX .....................................…
Division and case type: CivilCivil Appeal
…The appeal is dismissed, with costs to the respondent. Dated and delivered at Kisumu this 3rd day of May , 1988 H.G PLATT ...................... JUDGE OF APPEAL F.K APALOO ........................…
Division and case type: CivilCivil Appeal
…Accordingly, the trial judge dismissed the appellant’s suit with costs. Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…
…It is for this reason only that I would dismiss the appellant’s appeal with costs to the respondent. JUDGMENT OF Cockar Ag JA.…
Division and case type: CivilCivil Appeal
…Accordingly the application to extend time is dismissed with costs. Dated and delivered at Kisumu this 23rd day of November, 2001. M. OLE KEIWUA ...............…
Division and case type: CivilCivil Appeal
…Counsel asked the court not to penalize the respondents by ordering them to pay costs because if there be an error in the service, it would be that of a process server appointed by court. 9.…
…I would give the costs here and of the courts below to the appellant. As Masime JA and Gicheru Ag JA agree, it is so ordered. Judgment of Masime 18.…
Division and case type: CivilCivil Appeal
…He asked for his name to be struck out from the suit with costs. 8.…
…Equally the same, I would dismiss this appeal with costs to the 1st and 3rd respondents. Judgement of Apaloo JA. I 1. have reached the same conclusion as Gachuhi JA. 2.…
Division and case type: CivilCivil Appeal
…For this reason, the appeal must be and is dismissed with costs. 8. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JANUARY, 1988 J.O NYARANGI .............................…
Division and case type: CivilCivil Appeal
…We think this appeal fails and ought to be and is dismissed with costs.…
Division and case type: CivilCivil Appeal
…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…
Division and case type: CivilCivil Appeal
…The result is that the appeal fail and so it is dismissed with costs. Platt J A I have read the judgment of Gachuhi, JA with which I am respectfully in substantial agreement.…