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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.…

…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.…

…as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as to costs…

…We also deprive the second respondent of its costs on the motion because of a delay of more than 3 years in bringing the application. Dated and delivered at Nairobi this 3rd day of December, 1996. R. O.…

…In the result, this overloaded application must fail and it is dismissed with costs. Dated and delivered at Nairobi this 3rd day of June, 1996. A.M. AKIWUMI ................. JUDGE OF APPEAL P.K. TUNOI .................…

…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 ...................…

…repeated what was stated on the body of the application and the supporting affidavit while counsel the respondent opposed the release of the deposit money to the applicants arguing that this security money should cover costs…

…I dismiss this application with costs. Delivered this 18th November, 2002. D.K.S. AGANYANYA JUDGE…

…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.…

…Costs of the application to be in the intended appeal. Dated and delivered at Nairobi this 10th day of April, 1996. R. O. KWACH ……………………. JUDGE OF APPEAL R. S. C. OMOLO ……………………. JUDGE OF APPEAL A.M.…

…Accordingly, the application is dismissed with costs. Dated and delivered at Nairobi this 9th day of August, 1999. A.A. LAKHA ................. JUDGE OF APPEAL I certify that this is a true copy of the original.…

…I would express my disapproval of the conduct of the respondent’s case in the court below by depriving him of the costs of this appeal, and order that the appeal be dismissed but without costs.…

…In the result, we hereby dismiss the appeal, but since the advocates for the parties also had a duty to see that issues are framed and recorded, there will be no order as to costs.…

…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.…

…I would dismiss the appeal with no order at to costs.…

…In the result I would dismiss this appeal with no order as to costs. Gicheru JA: I have had the advantage of reading in draft the judgments of Kwach and Muli, JJ A .…

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

…The result is that this appeal must fail and it is hereby dismissed with costs here and in the Superior Court. It is so ordered.…