Case law
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Division and case type: Environment and Land CourtPetition
…This ruling determines the question of costs of the Petition.…
…costs are to be paid.…
Division and case type: Environment and Land CourtPetition
…On costs, Rule 26 of the Mutunga Rules states as follows: - (1) The award of costs is at the discretion of the Court. (2) In exercising its discretion to award costs, the Court shall take appropriate measures to ensure that…
…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: Environment and Land CourtPetition
…The withdrawal was not opposed, but the 1st Respondent sought its costs. This Court thereupon directed the parties to file written submissions on the question of costs. 7.…
…The 2nd and 3rd Respondents and the Interested Party did not file any written submissions in respect of costs, nor did they seek any costs. The Petitioner's Submissions 8.…
Division and case type: Environment and Land CourtPetition
…While costs follow the event, the liability to pay such costs must be considered in light of the capacity in which the litigants participated in the proceedings.…
…In the present case, the order of this Court merely stated that the Petition was dismissed with costs to the Respondents and the Interested Parties.…
Division and case type: Environment and Land CourtPetition
…dated 25th September 2024 be set aside and the Bill of Costs be taxed afresh. b) In the alternative, the bill of costs be taxed in the sum of Kshs 315,868.67 for the 1st Respondents bill of costs dated 5th February 2024…
…the taxed costs as per the Certificate of Costs dated 7th October 2024.…
Division and case type: Environment and Land CourtPetition
…That costs of this application be in the cause. 4.…
…It is well established that the issue of costs is at the discretion of the Court. Costs mean an award granted to a party at the conclusion of legal action or proceedings at any litigation.…
Division and case type: Constitutional and Human RightsPetition
…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: Environment and Land CourtPetition
…dated 25th September 2024 d) That the costs of this application be provided for. 5.…
…That the Petitioners/Applicants had not provided any security of costs. 20. In conclusion, the 1st Respondent prayed that the Petitioners/Applicants to be dismissed with costs. V. Analysis & Determination 21.…
Division and case type: Environment and Land CourtPetition
…It was on that basis that the court proceeded to make the order on costs. 3.…
…The Motion filed by the 2nd interested party seeks that the court do review its orders made on fourth June 2025 and issue an award of costs to the second interested party. 5.…
Division and case type: Environment and Land CourtPetition
…That the costs of and occasioned by this Reference be provided for. 2. …
…Naikuni in which he awarded costs to the Petitioner on 20th March 2024. Subsequent to the judgment the Petitioners filed a Bill of Costs dated 7th June 2024. The Bill of costs was placed before Hon.…
Division and case type: Environment and Land CourtPetition
…Additionaly, the Court directed the Respondents to defray the costs of the Petition jointly.…
…/=, exclusive of the costs of this Garnishee proceedings.…
Division and case type: Environment and Land CourtPetition
…Before this Court are two competing references arising from the taxation of the Party and Party Bill of Costs dated 24 April 2024. The Taxing Officer, Hon.…
…Instruction Fees Instruction fees in party and party costs are governed by Schedule 6 of the Advocates (Remuneration) Order, 2014.…
Division and case type: Environment and Land CourtPetition
…The appeal before court of appeal is based on the issue of costs to the Respondents among other grounds.…
…The Decree which is being executed arises from a duly taxed Bill of costs.…
Division and case type: Environment and Land CourtPetition
…The appeal before court of appeal is based on the issue of costs to the Respondents among other grounds.…
…The Decree which is being executed arises from a duly taxed Bill of costs.…
Division and case type: Environment and Land CourtPetition
…Instruction Fees Instruction fees in party and party costs are governed by Schedule 6 of the Advocates (Remuneration) Order, 2014.…
…Conversely, however, the Court must remain mindful of the principle that costs should not be allowed to rise to a level that inhibits access to justice (Premchand Raichand (supra)).…
Division and case type: Environment and Land CourtPetition
…The decree and certificate of costs were issued on 9th March 2023 and 5th July 2023 respectively That despite several reminders the decree and certificate of costs remain unsatisfied to date.…
…and the costs require to be taxed, at any time after the costs have been taxed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order: “Provided that, if the…
Division and case type: Environment and Land CourtPetition
…The appeal before court of appeal is based on the issue of costs to the Respondents among other grounds.…
…The Decree which is being executed arises from a duly taxed Bill of costs.…
Division and case type: Environment and Land CourtPetition
…THAT costs of this Application be provided for. THAT this Honourable Court be pleased to make such further or other Orders as it may deem just, fair and reasonable in the circumstances and for the ends of justice.…
…dated 24th April, 2024 were taxed at Kshs. 457,241.67/= in favour of the 2nd respondent whereas the 1st Respondent's bill of costs was entirely taxed off.…
Division and case type: Environment and Land CourtPetition
…Subsequently, it was struck out with costs.…
…On the issue of security for costs. The Plaintiff/Applicant has not made any proposal as to what they intend to deposit as security for costs.…
Division and case type: Environment and Land CourtPetition
…That leave be granted to the petitioner to directly execute its costs against the directors of Itakey Investment Limited namely Antonio Braccini and Antonella Braccini in person by lifting the corporate veil and show cause…
…That costs of this application be provided for. 2. The grounds upon which the application is based are that the petitioner was awarded costs taxed in the sum of Kenya Shillings 1,896 205.70.…