Search court decisions

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs.…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…The defendant shall pay the costs of the suit to the plaintiff.…

…Accordingly, there shall be judgment for the plaintiff against the defendant for the sum of Kshs.392,968/= in damages, and Kshs.252,054.50 deposit, plus interest, and costs of this suit and interest thereon also at the usual…

…The defendant shall pay the costs of the suit to the plaintiff.…

…Accordingly, there shall be judgment for the plaintiff against the defendant for the sum of Kshs.392,968/= in damages, and Kshs.252,054.50 deposit, plus interest, and costs of this suit and interest thereon also at the usual…

…I hereby therefore dismiss her suit with costs. Order accordingly. Dated and Delivered at Nairobi this 20th day of May, 1987 E. OWUOR …………… JUDGE…

…Njeru for Njiru & Co., for defendants Defendants bill of costs fixed for 4th December, 1997.…

…Notice to issue Signed Executive Officer 29.4.98 Njeru for Njiru & Co., for defendant Defendants bill of costs for 30th June 1998 Notice to issue. Signed Executive Officer 30.6.98 c.c. Odhiambo Mr.…

…Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs…

…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…

…Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs…

…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…

…The 2nd defendant denied the claims and asked the court to dismiss the plaintiffs case with costs.…

…The 1st defendant’s first defence was dated 1st June 1993 in which she denied all the claims by the plaintiffs and asked the court to dismiss their case with costs.…

…The costs of this limb being Kshs.350,000/-. The plaintiff would require to undergo further surgical treatment to contest the osteomyelistis before the artificial limb is fitted at a costs of Ksh.100,000/-.…

…I would award costs of future medical care at Ksh.350,000/- for the artificial bone and Kshs.100,000/- for the costs of treatment. Special Damages had not been proved.…

…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…

…I allow the second defendants application dated 9.10.91 and filed on 10.2.92 with costs to the second defendant.…

…Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant’s Reply to Request for particulars filed in court and costs…

…, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…

…The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C. OMOLO --------------- JUDGE OF APPEAL I certify that this is a true copy of the original.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The second one was for costs.…

…The only issue in dispute is what order for costs should be made. The Plaintiff says that it is not his fault that the suit has now become spent.…

…In his view therefore, each party should bear its own costs of the suit. The Defendant on the other hand says that costs follow the event; therefore it should be awarded costs of this suit.…

…Costs of the application.…

…What order should be made on costs? Mr M’bmoti, inter alia submits that the alleged lease not having been consented to by the plaintiff is invalid unforceable against the plaintiff.…

…(b) The costs of the survey exercise be borne by the Plaintiff and the first Defendant in equal portions. (c) The surveyors to file a joint report within SIXTY (60) days of this order.…

…(d) Costs of the application be in the suit. (e) The Plaintiff’s counsel shall serve a certified copy of the order upon the two surveyors.…