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…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

…to the whole of the appellant’s defence, the learned judge found that the appellant had no answer to the respondent’s claim.Accordingly he entered judgment for the respondent against the appellant as prayed together with costs…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.…

…Nothing occurred in this case further until sometime in the year 2007, the defendant served the plaintiff with a bill of costs.…

…The plaintiff was therefore not aware of the dismissal orders until he was served with a bill of costs sometime in the year 2007. It was then he became aware of the dismissal orders. 7.…

…discretion, the court should consider the nature of the action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs…

…nature of the action should be considered, the defence if one has been brought to the notice of the Court, however, irregularly, should be considered, the question whether the plaintiff can be reasonably compensated by costs…

…I would dismiss this appeal with no order as to costs. Nyarangi JA.I agree with what Gachuhi JA has stated.…

…I conclude, therefore, that the appeal should be dismissed with costs and as Apaloo JA also agrees, it is so ordered. Apaloo JA.…

…together with the costs occasioned by the application.…

…Consequently, the learned judge granted the second respondent’s application and struck out the appellants’ Originating Summons with costs together with the costs occasioned by the said application.…

…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…

…In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.…

…I am not satisfied he has done his best to mitigate costs. He still has pain in his right collar bone, and it is deformed.…

…I enter judgment for that sum together with special damages of Kshs 500 with interest and costs. D C PORTER JUDGE 5.2.86…

…He rejected the larger one because it was based on the fact that Sarikas was not chosen because it had kept mum about its unit costs.…

…He agreed it was the duty of the contractor to mitigate the losses they suffered by asking Sarikas for its unit costs.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The second one was for costs.…

…The respondent asked that the costs of the appeal should not be awarded today, but that the costs should be ordered to follow the event of the appeal in the High Court.…

…There will be no order on costs today, but the costs of this appeal will follow the event in the High Court. The deposit paid to the Court of Appeal by the appellant will be returned to him.…

…We think that a sum of shs.50,000/= would cater for such treatments and transport costs.…

…As the appellants have had substantial measure of success in this appeal, we would order the respondent to pay two-thirds of costs of this appeal to the appellants.…

…The court discussed the third ground in some detail and after full consideration all 3 grounds of objection are dismissed with costs.…

…The plaintiff will pay the costs of the Defendant. The application filed on 27 November 1989 seeking a temporary injunction is dismissed with costs.…

…Musyoka estimated those costs at Shillings 1.2 million. We have not been persuaded that this was in any way so high or that it was in any way erroneous. We on our part would not disturb this award.…

…The respondent shall pay to the appellant one-half of the costs of this appeal. Dated and delivered at Nairobi this 7th day of March, 1997. J. E. GICHERU ……………………. JUDGE OF APPEAL A. A. LAKHA ……………………..…

…paid within 2 weeks of the date hereof into an interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs…

…incurred in connection with the execution proceedings. (3) The applicant to pay the respondent’s costs of this application.…

…Lakha, Justice of Appeal, on 25 th June, 1998 be vacated, discharged and set aside with costs. The background of this application is as follows.…

…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…