Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…
…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…
Division and case type: Milimani Commercial CourtsCivil Case
…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…
…He therefore says that they and not he should bear the costs of the application.…
Division and case type: Milimani Commercial CourtsCivil Case
…before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs…
…The injunction application was dismissed with costs. So, the surviving tenant failed to obtain an injunction before Warsame J. It appears to me that even if the late Reuben Mutua had been alive and joined Mary S.…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…As far as the applicant is concerned, the advocate/client costs should be either the "Party and Party Costs", increased by one-half, or alternatively the "agreed costs" increased by one-half.…
…Thus, the applicant believes that at no time should the Advocate/Client costs ever be less than the Party and Party Costs.…
Division and case type: Milimani Commercial CourtsCivil Case
…On that basis he urged the court to dismiss the application with costs.…
…However, on costs, since it is the plaintiff who caused the circumstances leading to that withdrawal, he will pay costs of this application to the defendant. Dated at Eldoret this 22nd day of August 2000.…
Division and case type: Milimani Commercial CourtsCivil Case
…Waweru, J who gave an order directing the 1st Defendant to provide security for costs to the Plaintiffs or alternatively show cause why such security should not be provided.…
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
Division and case type: Milimani Commercial CourtsCivil Case
…Waweru, J who gave an order directing the 1st Defendant to provide security for costs to the Plaintiffs or alternatively show cause why such security should not be provided.…
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
Division and case type: Milimani Commercial CourtsCivil Case
…The matter of the costs of this litigation is the last one.…
…Each party paid its own costs in the Ngare trial, costs were not dealt with in the Chesire order laid before me and in the Moraa one the unsuccessful plaintiff paid them.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…The respondent was also awarded the costs of the suit. This appeal arises from the said judgment. The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…
…The appellant shall also have the costs of this appeal. Orders accordingly. Dated and delivered at Nairobi this 8th day of July, 1998 A. MBOGHOLI MSAGHA JUDGE…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel urged the court to allow this appeal with costs.…
…He prayed that the appeal be dismissed with costs. These are submissions made in this appeal which I heard, recorded and have considered.…
Division and case type: Milimani Commercial CourtsCivil Suit
…THAT the Plaintiff/Respondent’s suit herein against all the Defendants/Applicants be dismissed with costs for failure by the Plaintiff/Respondent to provide particulars within the specified time and/or otherwise refusing…
…Besides it has not caused any prejudice to the Applicants which cannot be compensatable with an award of costs.…
Division and case type: Milimani Commercial CourtsCivil Case
…An order that the second defendant/applicant liquidate the decretal sum and costs of the suit by monthly instalments until payment in full.…
…I will accordingly dismiss it with costs. The sale to proceed. Dated this 19th day of June, 1986. S E O BOSIRE JUDGE 19.6.86…
Division and case type: Milimani Commercial CourtsCivil Case
…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…
Division and case type: Milimani Commercial CourtsCivil Case
…In my view, by reason of the plaintiff’s failure to comply with the order made by Mulwa, J. is undeserving of the courts discretion and this suit should to be dismissed with costs. It is so ordered.…
…The plaintiff will bear the defendant’s costs of the suit. Dated at Nairobi this 18th day of December, 2001. T. MBALUTO JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…That costs of this application be provided for.…
…In the circumstances, he prayed that the 3rd Defendant’s notice of motion filed on 13th July, 2010 be dismissed with costs and the ex parte orders Nos. 1, 2, 3, 4 and 8 be confirmed and granted and that prayers Nos.5, 6,…
Division and case type: Milimani Commercial CourtsCivil Case
…The plaintiff’s suit was withdrawn with costs to the defendant. The defendant proceeded to prosecute the counter claim filed on 17th December, 2001.…
…Costs to the defendant. Ruling signed and submitted for delivery on the 9th day of NOVEMBER 2010 MARTHA KOOME JUDGE Delivered and countersigned on 12TH day of NOVEMBER 2010. P KIHARA KARIUKI JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…It now claims from the defendant this balance with interest as on the filing of the suit amounting to Kshs 4,162,500, together with interest at court rates until payment in full and costs etc.…
…Consequently I enter judgment for the plaintiff for Kshs 1,486,012.50 with costs and interest.. Dated and delivered at Nairobi this 30th day of May , 1989 A RAUF JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…For those reasons, the application is dismissed with costs.…
Division and case type: Milimani Commercial CourtsCivil Case
…The defendant will bear the plaintiff’s costs of the suit. Dated at Nairobi this 26th day of November, 2001. T. MBALUTO JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…Costs to the Respondent. Order accordingly. E. OWUOR JUDGE 24/10/88: Coram: Owuor, J Mr. Ngatia for the 2nd Defendant/Respondent Mr. Kapila for Mr.…