Case law
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Division and case type: CivilCivil Appeal
…We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent. Orders accordingly.…
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 Appeal
…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.…
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 Suit
…On the basis of this decision, to prevent execution on the wrong property for which judgment was obtained, I would allow the application with costs, and set aside the eviction order dated April 15, 1985. Hancox JA.…
…I would also grant the costs to the applicant. As Nyarangi JA also agrees, these are the orders of this court. Nyarangi JA.…
Division and case type: CivilCivil Appeal
…The judge said: “… On costs, the plainti has basically lost and the defendant has in fact won. Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant.…
…In these circumstances, and exercising my discretion as regards costs under section 27(1) of the Civil Procedure Act, I shall not award to the defendant the costs of the suit.” 39.…
Division and case type: CivilCivil Appeal
…The costs of this appeal are awarded to the appellant. Dated and delivered at Kisumu this 14th day of June, 1995. J. E. GICHERU ………………….. JUDGE OF APPEAL A. M. AKIWUMI …………………….. JUDGE OF APPEAL A.B. SHAH …………………….…
Division and case type: CivilCivil Case
…applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff together with costs…
…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…
Division and case type: CivilCivil Case
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I would award the Appellant the costs in this Court and below and observe that the Respondent is entitled to the return of the price paid. 12.…
Division and case type: CivilMiscellaneous Application
…The summons came before Mr Justice O’Connor who dismissed it with costs on the higher scale on November 15, 1985.…
…They include interest, commission, fees, charges and costs.…
Division and case type: CivilCivil Suit
…The summons came before Mr Justice O’Connor who dismissed it with costs on the higher scale on November 15, 1985.…
…They include interest, commission, fees, charges and costs.…
Division and case type: CivilCivil Appeal
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
…In the result this appeal is ordered to be dismissed with costs. November 30, 1987 PLATT, APALOO JJA & MASIME Ag JA…
Division and case type: CivilMiscellaneous Application
…On the basis of this decision, to prevent execution on the wrong property for which judgment was obtained, I would allow the application with costs, and set aside the eviction order dated April 15, 1985. Hancox JA.…
…I would also grant the costs to the applicant. As Nyarangi JA also agrees, these are the orders of this court. Nyarangi JA.…
Division and case type: CivilCivil Case
…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…
…In sum this suit is dismissed with costs. Had his suit succeeded the plaintiff would have borne a greater ratio of liability and alldamages worked out would have been subjected to that.…
Division and case type: CivilCivil Appeal
…Costs. An affidavit in support accompanied the application.…
…Each party to bear his costs.…
Division and case type: CivilCivil Appeal
…As regards the costs, each side has had a measure of success, but the preponderance of success on this appeal has been with the appellant.…
…I would award him 60% of his costs of this appeal, but I would not, having considered the matter, certify for two counsel.…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with costs. Apaloo JA. I also agree. Platt JA has set out the facts and the relevant matters for consideration with his usual clarity.…
…Like my brothers, I also think that this appeal fails and should be dismissed with costs. Nyarangi JA. I agree.…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
…The appeal should be dismissed with costs. Dated at Kisumu this 6th day of May 1986. A.A.KNELLER ....................................... JUDGE OF APPEAL A.R.W.HANCOX .....................................…
Division and case type: CivilCivil Appeal
…The appeal is dismissed, with costs to the respondent. Dated and delivered at Kisumu this 3rd day of May , 1988 H.G PLATT ...................... JUDGE OF APPEAL F.K APALOO ........................…