Search court decisions

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…Costs of this application to be costs in the cause. Dated and Delivered at Nairobi this 28th Day of February, 1989 T. MBALUTO …………… JUDGE…

…Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of all for the decretal sum of shs 148,904.60, and secondly for costs…

…Thirdly I am asked to make provision for the costs of the application and intended appeal.…

…The defendant shall pay the costs of the suit to the plaintiff.…

…Accordingly, there shall be judgment for the plaintiff against the defendant for the sum of Kshs.392,968/= in damages, and Kshs.252,054.50 deposit, plus interest, and costs of this suit and interest thereon also at the usual…

…The defendant shall pay the costs of the suit to the plaintiff.…

…Accordingly, there shall be judgment for the plaintiff against the defendant for the sum of Kshs.392,968/= in damages, and Kshs.252,054.50 deposit, plus interest, and costs of this suit and interest thereon also at the usual…

…I hereby therefore dismiss her suit with costs. Order accordingly. Dated and Delivered at Nairobi this 20th day of May, 1987 E. OWUOR …………… JUDGE…

…Starting from the provisions in the Court of Appeal Rules relating to any decision about the payment of costs, we find that the court may assess them or direct them to be taxed, and any decision as to the payment of costs…

…, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.…

…RESPONDENT RULING This is an application brought under rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of time and that the costs…

…of the application be costs in the appeal.…

…Njeru for Njiru & Co., for defendants Defendants bill of costs fixed for 4th December, 1997.…

…Notice to issue Signed Executive Officer 29.4.98 Njeru for Njiru & Co., for defendant Defendants bill of costs for 30th June 1998 Notice to issue. Signed Executive Officer 30.6.98 c.c. Odhiambo Mr.…

…In the result I dismiss this appeal with costs.” There the learned judge misdirected himself.…

…Accordingly, I would allow this appeal with costs in this court and in the High Court and in the resident magistrate’s court, but not the costs of the ex parte hearing before the resident magistrate on March 29, 1979.…

…These were not therefore deductible and I would dismiss the appeal with costs.…

…With regard to costs a question has arisen as to whether the Court should certify for costs of two counsel.…

…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…

…In also award costs of the suit including the costs of the application for summary judgment to the plaintiff. Dated and delivered at Nairobi this11th day of January , 1989 G.S PALL JUDGE…

…The learned judge (unless I have misread the order), then awarded the costs to the applicant without setting out any reasons, which may be the cause of the dispute about the costs since it seems to be contrary to the proviso…

…The costs’ order will therefore remain and the defendants will have the costs of this application.”…

…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…

…In support of the bill of costs as drawn, Ms.…

…The 2nd defendant denied the claims and asked the court to dismiss the plaintiffs case with costs.…

…The 1st defendant’s first defence was dated 1st June 1993 in which she denied all the claims by the plaintiffs and asked the court to dismiss their case with costs.…

…The costs of this limb being Kshs.350,000/-. The plaintiff would require to undergo further surgical treatment to contest the osteomyelistis before the artificial limb is fitted at a costs of Ksh.100,000/-.…

…I would award costs of future medical care at Ksh.350,000/- for the artificial bone and Kshs.100,000/- for the costs of treatment. Special Damages had not been proved.…

…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…

…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…