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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.…

…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.…

…The plaintiff is seeking judgmentagainst the defendant for Shs. 316. 581/ 75 together with interestthereon at 19 % p.a. from 1st March, 1990 till full repayment.The plaintiff is also asking for costs of the suit togetherwith…

…The defendant is asking for interest on thissum together with costs of the counter-claim. Looking at the evidence on record we find that the areaof dispute is rather narrow.…

…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.…

…In the result, the appeal is allowed, the ruling of the Judge is set aside and the appellant shall have its costs of the suit in the High Court and also costs of this appeal. Orders Accordingly.…

…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.…

…Consequently; I decline to grant leave to the bank to appeal dismisses the application with costs. G M. GITHINJI JUDGE 19.8.99…

…Consequently; I decline to grant leave to the bank to appeal dismisses the application with costs. G M. GITHINJI JUDGE 19.8.99…

…The application must be refused, with costs.”…

…I am therefore of the opinion that the application should be refused with costs.” 45.…

…Were the result of the appeal dierent, the court would have been minded to penalize the respondent by ordering payment of extra costs. Per Masime, JA 13.…

…Were the result of the appeal dierent, I would have been minded to penalize the respondent by ordering payment of extra costs. 54.…