Case law
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Division and case type: CivilCivil Appeal
…and interest and also the costs of his motion on notice.…
…Finally, by way of other relief, he gave the respondent company leave to execute the decree before taxation of the note of costs.…
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
…Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest thereon and costs…
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
Division and case type: CivilCivil Appeal
…In the result I dismiss this appeal with costs.” There the learned judge misdirected himself.…
…Accordingly, I would allow this appeal with costs in this court and in the High Court and in the resident magistrate’s court, but not the costs of the ex parte hearing before the resident magistrate on March 29, 1979.…
Division and case type: CivilCivil Appeal
…As far as we are aware no law specifically says that VAT is to be automatically awarded on the taxed costs.…
…We accordingly reverse his finding with respect to the imposition of 15% VAT on the taxed costs.…
Division and case type: CivilCivil Appeal
…These were not therefore deductible and I would dismiss the appeal with costs.…
…With regard to costs a question has arisen as to whether the Court should certify for costs of two counsel.…
Division and case type: CivilCivil Appeal
…The respondents application was heard and allowed with costs.…
…It is my view that this appeal should be allowed with costs and also costs in the proceedings in the High Court on April 19, 1985.…
Division and case type: High Court DivCivil Appeal
…[c] That interest does accrue on the costs at the rate of 14% per annum with effect from 5 th June 2024 when the appeal was dismissed with costs until payment in full.…
…The appeal was disallowed it its entirety with costs.…
Division and case type: High Court DivCivil Appeal
…It is that failure by the trail court to award costs that has led to this appeal. the Appellant’s argument in this appeal is that being the successful party in the suit, costs ought to have been automatically awarded to her…
…, since it is an established principle of law that costs follow the event.…
Division and case type: High Court DivCivil Appeal
…for the failure to award costs. 5.…
…It is that failure by the trail court to award costs or make any findings on the issue of costs that has led to this appeal, with the appellant arguing that as a matter of course, costs ought to have been automatically awarded…
Division and case type: High Court CivilCivil Appeal
…Inevitably, the respondent asked for the costs of the appeal. The applicant objected to this application insisting that he should not be condemned to pay costs.…
…Thus, a court seized of any suit has a wide discretion to determine the extent of the costs payable and to whom between or amongst the parties to the suit those costs should be paid.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…This is because, a party and party bill of costs, unlike an advocate/client bill of costs, is filed in an existing cause where either a judgment or final ruling has already been rendered and an award of costs has been made…
…The amount payable in costs and the liability to pay the costs was ascertained on 20th February 2025 when costs were taxed as set out in the Certificate of Taxation issued on 26th March 2025.Interest can only be pegged on…
Division and case type: High Court CivilCivil Appeal
…Party to file and serve letter as to costs [Order 21, rule 9A] (1) A party claiming costs at a Magistrates Court shall file a written request, statement of costs and supporting documents with the Court and serve it on the…
…and make appropriate orders as to costs . 15 .…
Division and case type: High Court DivCivil Appeal
…They further contended that since the respondent had been awarded costs in the application that was dismissed, those costs should be the only costs recoverable in this appeal.…
…Julia Wanja Muchege [2021] eKLR, the respondent submitted that costs follow the event. Hence, since the appellants elected to withdraw their appeal, they were deserving of an order for costs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They contend that it would be unfair for the court to award costs to the Appellant since it cannot be inferred whether the trial court intended to award costs. 10.…
…The Appellant had to file suit and the application to recover its claim hence it cannot be denied costs. The admission would only serve to reduce the quantum of costs to be awarded by the court.…
Division and case type: High Court CivilCivil Appeal
…The only issue left for determination is the question of costs. This court directed the parties to agree on costs but negotiations did not yield any positive results.…
…The law governing costs is well settled.…
Division and case type: High Court CivilCivil Appeal
…The next question is who is to bear the costs.…
…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 Civil Appellate DivisionCivil Appeal
…The Defendants shall bear the costs of the suit jointly and severally. Costs to be assessed by the Executive Officer. 3.…
…The costs of the lower court will be assessed before the said court. 18. With respect to costs of the appeal, Section 27 of the Civil Procedure Act dictates that costs ought to follow the event.…
Division and case type: High Court CivilCivil Appeal
…From the above provision, it is clear that the award of costs, including throwaway costs, is discretionary and, like all other costs, is equally governed by the provisions of Section 27 of the Civil Procedure Act.…
…This award of costs may be one route to improve due diligence and efficiency in our legal system as whole………In my strong view the respondent being awarded throwaway costs are to cater for substantial indemnity costs to reflect…
Division and case type: High Court DivCivil Appeal
…On the second issue—costs—counsel submits that the Appellant, having been the successful party in the Small Claims Court, was entitled to costs, and that the trial magistrate misdirected herself by denying costs merely because…
…that costs follow the event.…