Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…Costs of this application to be costs in the cause. Dated and Delivered at Nairobi this 28th Day of February, 1989 T. MBALUTO …………… JUDGE…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…I hereby therefore dismiss her suit with costs. Order accordingly. Dated and Delivered at Nairobi this 20th day of May, 1987 E. OWUOR …………… JUDGE…
Division and case type: CivilCivil Suit
…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…
…In also award costs of the suit including the costs of the application for summary judgment to the plaintiff. Dated and delivered at Nairobi this11th day of January , 1989 G.S PALL JUDGE…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…the counsel for the decree holder is holding some Kshs 54,535.35 which he has not accounted to the decree-holder and alleges that he considers the debt cleared and he should be declared relieved of it; he also claims the costs…
…of trying to sell the security before the case was filled while the salary attachment totaling some Kshs 13,488.50 went towards the costs of the suit.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…The sum of Shs.200,000/- deposited into court on the 7th December, 1994 as security for costs be released to Meenye & company advocates on their professional undertaking to pay a sum of Shs.25,000/- being portion thereof…
…to Hamilton Harrison & Mathews being their agreed costs in full and final settlement. 2.…
Division and case type: CivilCivil Suit
…A fee note would not be raised under that clause unless some work would have been done over the costs thereof assessed. In general terms estimates would be used. That is the import of that paragraph.…
…Clause B 9(d) requires actual construction costs.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…I am not satisfied he has done his best to mitigate costs. He still has pain in his right collar bone, and it is deformed.…
…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…
Division and case type: CivilCivil Appeal
…The court discussed the third ground in some detail and after full consideration all 3 grounds of objection are dismissed with costs.…
…The plaintiff will pay the costs of the Defendant. The application filed on 27 November 1989 seeking a temporary injunction is dismissed with costs.…
Division and case type: CivilCivil Appeal
…The court discussed the third ground in some detail and after full consideration all 3 grounds of objection are dismissed with costs.…
…The plaintiff will pay the costs of the Defendant. The application filed on 27 November 1989 seeking a temporary injunction is dismissed with costs.…
Division and case type: CivilCivil Case
…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.…