Case law
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Division and case type: CivilCivil Appeal
…I would award to the appellant the costs in this appeal and the costs in the High Court. The taxed costs to have interest from the date of taxation to the day of payment in full.…
…On the evidence before the court the learned trial judge dismissed the appellant’s case with costs.…
Division and case type: CivilCivil Case
…the counsel for the decree holder is holding some Kshs 54,535.35 which he has not accounted to the decree-holder and alleges that he considers the debt cleared and he should be declared relieved of it; he also claims the costs…
…of trying to sell the security before the case was filled while the salary attachment totaling some Kshs 13,488.50 went towards the costs of the suit.…
Division and case type: CivilORIGINATING SUMMONS
…That the costs of this application do abide the outcome of the application. The applicant was served with the order and other relevant documents from the Chief Magistrate’s Court, Nakuru.…
…Costs of the suit. d. Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…defendant constructed houses in my land and refused to move to his one acre plot awarded by Land committee Officers it had already excised by the said officers …… The plaintiff prays: 1) Judgment against the defendant 2) Costs…
…He therefore prayed for judgment and the costs of the suit.…
Division and case type: CivilCivil Suit
…Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal be continued thereafter between the appellants, including the substituted party or parties, and the respondent, and the costs…
…These two consolidated appeals were filed on September 28, 1982 and they are from the rulings of August 20, 1982 of the High Court (Mr Justice Chesoni, as he then was) in Nairobi dismissing with costs the appellants’ applications…
Division and case type: CivilCivil Appeal
…Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal be continued thereafter between the appellants, including the substituted party or parties, and the respondent, and the costs…
…These two consolidated appeals were filed on September 28, 1982 and they are from the rulings of August 20, 1982 of the High Court (Mr Justice Chesoni, as he then was) in Nairobi dismissing with costs the appellants’ applications…
Division and case type: CivilCivil Appeal
…including the costs of the said three applications. .............................”…
…(c) “the plaintiff, (ie the first respondent) its costs in respect of cross-examination and re-examination of Mr James Fredrick Norbury ..........................”…
Division and case type: CivilCivil Appeal
…I would award the costs of the appeal to the appellant. I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…
…I would grant the costs of the appeal to the appellant. But in so far as the appellant did not take all the points in the High Court which he should have done, each party will bear his own costs in the High Court.…
Division and case type: CivilCivil Appeal
…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…
…Khaminwa purported to withdraw is hereby dismissed with costs. 2. Costs of adjournment assessed at Kshs.5,000/= is awarded tot he appellant. 3. Supplementary record if any, be filed within 45 days from to-day. 4.…
Division and case type: CivilCivil Appeal
…petition are that(a) The marriage between the petitioner and respondent be dissolved; (b) The petitioner be granted custody care and control of the minor children of the marriage and (c) The respondent be condemned to pay costs…
…The appellant shall have the costs of this appeal. Orders accordingly. Dated and delivered at Nairobi this 13th day of July, 1998 A. MBOGHOLI MSAGHA JUDGE Appellant in person/present No appearance for the respondent…
Division and case type: CivilCivil Case
…As the defendant has not contested their claim, I do not find it necessary to burden him with the costs of this suit. I therefore order that each party shall meet his own costs. Order accordingly.…
Division and case type: CivilCivil Appeal
…He awarded interest on the principal sum at the rate of 12% pa from the date of filing suit, and on costs at the same rate from the date of taxation, until payment in full.…
…Consequently this appeal should be dismissed with costs. As Gicheru Ag JA agrees it is so ordered. Gicheru Ag JA.…
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
…The trial Judge heard the evidence and held that the defendant's claim to title by adverse possession had been made out on a balance of probabilities, and he dismissed the appellant's suit with costs, giving rise to the present…
…For these reasons, the appeal fails and is dismissed with costs to the respondent. Dated and delivered at Nairobi this 10th day of July, 1996. R.O. KWACH ............................ JUDGE OF APPEAL R.S.C.…
Division and case type: CivilCivil Appeal
…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…
…appellant for Kshs.1,100.00 with interest at court rates from the date of filing until payment in full. (3) Since the Respondent paid a substantial part of the claim immediately the suit was filed, the appellant will have 3/4 costs…
Division and case type: CivilCivil Appeal
…filed appearance nor defence and the case was, on 25th February 1992, heard ex-parte and judgment delivered in favour of the respondent who was awarded Kshs 1,800/- special damages and Kshs 73,000/- as general damages plus costs…
…Half costs of the lower court and full costs of this appeal should be paid to the respondent in any event. Dated and Delivered at Eldoret this 24th day of August, 1993 D.K.S. AGANYANYA …………….. JUDGE…
Division and case type: CivilCivil Case
…lawfully stored or detained, he shall be guilty of an offence and liable to pay to the person or persons aggrieved by the removal three times the value of the goods, chattels, stock or crops so removed, in addition to any costs…
…any pound-breach or rescous of goods or chattels detrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages and costs…
Division and case type: CivilCivil Case
…any other person until the final disposal of this suit that the sale of the said property by the first defendant to the third defendant by public auction on 12th March 1987 is null and void for all purposes and that the costs…
…That suit was struck out and dismissed with costs on 10th June, 1987.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Porter, J ) dated June 17, 1983 In Civil Suit 3224 of 1979) ____________________ JUDGEMENT OF KNELLER, J A I, too, would dismiss the appeal with costs…
…The consequence is that this court now dismisses this appeal with costs. Dated and delivered at Nairobi this 4th day of July, 1986.…
Division and case type: CivilCivil Appeal
…That costs of this application be provided for.…
…I confirm this amount together with costs of the suit in P.M. C.C. No 14/91 and costs of this application in the High Court.…