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
…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 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: Milimani Commercial CourtsCivil Case
…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…
…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…
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: Milimani Commercial CourtsCivil Case
…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…
…He therefore says that they and not he should bear the costs of the application.…
Division and case type: Milimani Commercial CourtsCivil Case
…before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs…
…The injunction application was dismissed with costs. So, the surviving tenant failed to obtain an injunction before Warsame J. It appears to me that even if the late Reuben Mutua had been alive and joined Mary S.…
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: Milimani Commercial CourtsCivil Case
…On that basis he urged the court to dismiss the application with costs.…
…However, on costs, since it is the plaintiff who caused the circumstances leading to that withdrawal, he will pay costs of this application to the defendant. Dated at Eldoret this 22nd day of August 2000.…
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: COMMERCIAL DIVISIONCivil Suit
…accordingly by the power donated to me by the aforesaid order I do hereby amend the chamber summons dated 14th May 2004 to read in prayer as follows: “That suit herein, as against the third defendant, be dismissed with costs…
…Accordingly the order of this court is that the suit herein as against the 3rd defendant is hereby dismissed for want of prosecution and the costs of the suit and the costs of the application dated 14th May 2004 are awarded…
Division and case type: Constitutional and Human RightsPetition
…Additionally the petitioner failed to provide security for costs before the hearing of the petition as mandatorily required by law.…
…The petitioner did not give any security for costs before the winding up order was issued.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…The respondent was also awarded the costs of the suit. This appeal arises from the said judgment. The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…
…The appellant shall also have the costs of this appeal. Orders accordingly. Dated and delivered at Nairobi this 8th day of July, 1998 A. MBOGHOLI MSAGHA JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…The matter of the costs of this litigation is the last one.…
…Each party paid its own costs in the Ngare trial, costs were not dealt with in the Chesire order laid before me and in the Moraa one the unsuccessful plaintiff paid them.…