Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…should compensate him with interest for the improvements he had made on that half he occupied for 18 years and, in any event, he should have his costs and interest on them.…
…Mr Justice J S Patel dismissed the application with costs on March 21, 1985 (about 5 1/2 years after it had been filed) because he found it was without merit.…
Division and case type: CivilCivil Case
…For those reasons, I allow the application with no orders as to costs. I set aside the order made on 15.12.92 dismissing the second defendants application.…
…I allow the second defendants application dated 9.10.91 and filed on 10.2.92 with costs to the second defendant.…
Division and case type: CivilCivil Appeal
…I agree with the order on costs proposed by Gachuhi JA. As Platt JA also agrees, it is so ordered. Gachuhi JA.…
…Regarding the costs, the trial judge allowed 3/4 of the cost to the plaintiff, appellant.…
Division and case type: CivilCivil Appeal
…asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer to pay the defendant’s costs…
…Fourthly, because of the plaintiff’s offer to pay costs to compensate the defendant for the inconvenience. Costs is the soothing balm which cures most procedural grievances in legal proceedings.…
Division and case type: CivilCivil Appeal
…The respondent had also been awarded costs of the action against Pauline W Kimuyu which were certified by the superior court at Kshs 20,882/40.…
…In his suit against the appellant he asked the superior court to enter judgment in his favour and against the appellant for Kshs 2,949,164/15, to award him costs of the suit and interest on the decretal sum and on costs.…
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
…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…
…I would also allow the plaintiff the costs of the suit in the High Court, costs of this appeal together with costs of the notice of grounds for affirming the decision. As Kneller and Hancox, JJA agree, it is so ordered.…
Division and case type: CivilCivil Appeal
…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…
…I would also allow the plaintiff the costs of the suit in the High Court, costs of this appeal together with costs of the notice of grounds for affirming the decision. As Kneller and Hancox, JJA agree, it is so ordered.…
Division and case type: CivilCivil Case
…The sum of Shs.200,000/- deposited into court on the 7th December, 1994 as security for costs be released to Meenye & company advocates on their professional undertaking to pay a sum of Shs.25,000/- being portion thereof…
…to Hamilton Harrison & Mathews being their agreed costs in full and final settlement. 2.…
Division and case type: CivilCivil Suit
…A fee note would not be raised under that clause unless some work would have been done over the costs thereof assessed. In general terms estimates would be used. That is the import of that paragraph.…
…Clause B 9(d) requires actual construction costs.…
Division and case type: CivilCivil Case
…Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant’s Reply to Request for particulars filed in court and costs…
…, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
Division and case type: CivilCase number Civil Application
…He then struck out the application with costs for the respondent. But what was the decision of Omolo, JA which was upheld by the full court?…
…In the result, the reference before us succeeds and the ruling of Tunoi, JA of 25th February, 1997, is hereby set aside together with the costs awarded thereunder and the applicant’s application before him is to proceed to…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…She made what appears to be a global award of Shs.100,000/-, but denied the plaintiff her costs of the action. The defendant’s appeal is against both liability and quantum.…
…In the final analysis, we dismiss the defendant’s appeal against liability and quantum with costs to the plaintiff and we allow the plaintiff’s appeal against quantum with costs.…
Division and case type: CivilCivil Appeal
…This appeal therefore succeeds and is allowed with costs here and below with the result that the Notice of Motion filed in the Superior Court on 4th May, 1994 is dismissed with costs.…
…The cross appeal by the second respondent is allowed with costs and notice of grounds to affirm the decision of Okubasu J. is dismissed with costs. Dated and delivered at Nairobi this 6th day of August, 1996. A.M.…
Division and case type: CivilCivil Case
…However, how much the plaintiff incurred in legal costs was not stated. That was an item of special damages which was supposed to but was not specifically pleaded.…
…In any case costs of the proceedings before the Tribunal were costs in the cause. They were not claimable here.…
Division and case type: CivilCivil Case
…The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C. OMOLO --------------- JUDGE OF APPEAL I certify that this is a true copy of the original.…
Division and case type: CivilCivil Appeal
…the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against the defendants; (2) the plaint discloses no cause of action; and (3) the suit be dismissed with costs…
…The matter was before the Judge on July 9th, 1985 and the upshot was that the Judge granted the defendants’ application with costs.…