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…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.…

…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…

…In the matter before this Court in that case, the trial judge had, without giving reasons why, simply ordered: “costs and interest on the figure from the date of the suit until payment in full”, when interest should only…

…The costs of this application to be provided for.”…

…(d) The application has been brought without undue delay and the granting of the orders sought will not cause any prejudice to the respondent not remediable by costs.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

…was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages and costs…

…That now leaves me with the question of general damages and costs.…

…Aluoch J accepted these contentions and ordered Mr Kariuki’s entire plaint struck out with costs.…

…I agree with Akiwumi, JA that this appeal must be dismissed with costs. Akiwumi JA.…

…Costs of this application will be costs in the intended appeal Dated and delivered at Nairobi this 5th day of February, 1997. A. B. SHAH ...................…

…He asked for his name to be struck out from the suit with costs. 8.…

…Equally the same, I would dismiss this appeal with costs to the 1st and 3rd respondents. Judgement of Apaloo JA. I 1. have reached the same conclusion as Gachuhi JA. 2.…

…I ask that plaint be dismissed with costs.” From the foregoing it would appear to us that the matter was first called at the appointed time, but was stood over to later in the afternoon of the same day.…

…He therefore proceeded to dismiss the application with costs and thereby provoked this appeal.…

…respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979 Nyarangi J (as he then was) gave judgment for the respondent for specific performance, mesne profits and costs…

…But in view of the gross error in the form of the application we consider that the costs therefore should not be reserved or abide the result the result of this appeal, as we might otherwise have decided, but the applicants…

…I agree that where there has been a bona fide mistake, and no damage has been done to the other side which cannot be sufficiently compensated by costs, the court should lean towards exercising its discretion in such a way…

…For these reasons, I dismiss the application with costs. Dated and delivered at Nairobi this 6th day of March, 1984. A.R.W HANCOX .........................…

…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…

…He accordingly asked us to dismiss the appeal with costs.…

…We would make no order as to the costs of this application.…

…Accordingly, the appeal is dismissed with costs to the respondent. Dated and delivered at Kisumu this 11th day of May , 1988 H.G PLATT .............................…

…The application for a writ of Habeas Corpus and Subjiciendum to issue is accordingly refused and the applicants are ordered to pay the costs of the respondent.…

…In view of the nature and importance of the case costs will be taxed on the higher scale and there will be a certificate for two counsel. Dated and delivered at Nairobi this 24th day of April, 1984. A.H SIMPSON JUDGE…

…I would make no order as to costs. Judgment of Lakha, J.A. 1.…

…For the reasons above stated I would dismiss the appeal but, in the circumstances of this case, make no order as to costs on the appeal. 17. That disposes of the appeal insofar as I am concerned.…