Case law
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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
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…The other complaint is on the taxed costs. The bill of costs filed on November 24, 1988 does not, in my view, appear to have been taxed.…
…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…
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 Appeal
…The costs of the application, the respondents suggested, should be the subject of an order making them costs in the cause but the learned judge rejected this and, instead, ruled that there would be no order as to the costs…
…Accordingly, I am of view that this appeal should be allowed with costs for the reasons I have set out. Simpson CJ.…
Division and case type: CivilCivil Suit
…The question of costs which was awarded to the Applicant is no longer open for discussion as the Applicant seemed to invite me to.…
…Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
Division and case type: CivilCivil Appeal
…The learned judge dismissed Wamunyama’s appeal with costs on December 24, 1982.…
…He asked for security for the costs if this application were allowed. Whether or not the applicant can pay the taxed costs in the subordinate and High Court and file an appeal, is for him to decide.…
Division and case type: CivilMiscellaneous Application
…The learned judge (unless I have misread the order), then awarded the costs to the applicant without setting out any reasons, which may be the cause of the dispute about the costs since it seems to be contrary to the proviso…
…The costs’ order will therefore remain and the defendants will have the costs of this application.”…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
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 Appeal
…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…
…Khaminwa purported to withdraw is hereby dismissed with costs. 2. Costs of adjournment assessed at Kshs.5,000/= is awarded tot he appellant. 3. Supplementary record if any, be filed within 45 days from to-day. 4.…
Division and case type: CivilCivil Appeal
…He awarded interest on the principal sum at the rate of 12% pa from the date of filing suit, and on costs at the same rate from the date of taxation, until payment in full.…
…Consequently this appeal should be dismissed with costs. As Gicheru Ag JA agrees it is so ordered. Gicheru Ag JA.…
Division and case type: CivilCivil Appeal
…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…
…Khaminwa purported to withdraw is hereby dismissed with costs. 2. Costs of adjournment assessed at Kshs.5,000/= is awarded tot he appellant. 3. Supplementary record if any, be filed within 45 days from to-day. 4.…
Division and case type: CivilCivil Appeal
…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…
Division and case type: CivilCivil Case
…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…
…Mr Shah offered to compensate the plaintiff in costs. In effect all he was saying is that his clients would compensate the plaintiff.…
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 Appeal
…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…