Case law
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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 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: 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
…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: FamilySuccession Cause
…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…
Division and case type: CivilCivil Case
…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: CivilCase number Civil Application
…The respondent sued Mr Magugu and Inns Ltd in the superior court to recover a sum of Shs 17,773,889/=, together with interest and costs, in respect of engineering and architectural services alleged to have been rendered by…
…intended appeal or further order on terms that the applicant execute a guarantee by a reputable commercial bank in the sum of Shs 10,000,000/- within 14 days from today, and in default, this application to stand dismissed with costs…
Division and case type: CivilCivil Appeal
…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…
…so amend can be exercised by the court at any stage of the proceedings (including appeal stages) that as a general rule however late the amendment is sought to be made it should be allowed if made in good faith provided costs…
Division and case type: CivilCivil Appeal
…The appellants will have the costs of the appeal. We now deal with the cross-appeal.…
…The cross-appeal, in our view, must succeed and is allowed with costs.…
Division and case type: CivilCivil Appeal
…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…
…In the matter before this Court in that case, the trial judge had, without giving reasons why, simply ordered: “costs and interest on the figure from the date of the suit until payment in full”, when interest should only…
Division and case type: CivilCivil Suit
…The Garnishee to have the costs of the application against the decree holder. Dated and delivered at Nairobi this March 20, 1995 M.O KEIWUA JUDGE…
Division and case type: CivilCivil Appeal
…Accordingly no appeal lies and this appeal is struck out with costs to the Respondent. Dated and delivered at Nairobi this 5th day of October, 1995. J. E. GICHERU JUDGE OF APPEAL A. M. AKIWUMI JUDGE OF APPEAL A. A.…
Division and case type: Milimani Commercial CourtsCivil Case
…The costs of this application will be in the cause.…
…The costs will be in the cause. DATED and delivered at Nairiobi this 24th day of October, 1995. A.G RINGERA JUDGE…
Division and case type: CivilCivil Appeal
…I would express my disapproval of the conduct of the respondent’s case in the court below by depriving him of the costs of this appeal, and order that the appeal be dismissed but without costs.…
…In the result, we hereby dismiss the appeal, but since the advocates for the parties also had a duty to see that issues are framed and recorded, there will be no order as to costs.…
Division and case type: CivilCivil Appeal
…He also prayed for damages for loss of use of the car from 23rd February, 1994 and costs of the suit plus interest.…
…I further award costs of this appeal and the court below to the appellant. The suit-car be retained by the OCS Meru until further orders from the trial magistrate who shall have taken over the matter. It is so ordered.…
Division and case type: CivilCivil Suit
…I dismiss it with costs to the Plaintiff. Dated and delivered at Mombasa this November 28, 1995 A.G RINGERA JUDGE…
Division and case type: CivilCivil Appeal
…Accordingly and, for the reasons above stated, the appeal fails and is dismissed with costs. Dated and delivered at Nairobi this 13th day of November, 1995. J.M. GACHUHI …………………… JUDGE OF APPEAL R.S.C. OMOLO …………………….…
Division and case type: CivilCivil Appeal
…There is no question that the Court has power, under VIA rule 3(1) of the Civil Procedure Rules to allow an amendment, at any stage of the proceedings, on such terms as to costs or otherwise as may be just and under rule…
…Abortive pleadings to date can be compensated in costs.…
Division and case type: CivilCivil Appeal
…As the appeal and the cross-appeal have failed we make no order as to costs. Dated and delivered at Mombasa this 24th day of January, 1995 R. S. C. OMOLO ……………………. JUDGE OF APPEAL P. K.…
Division and case type: CivilCivil Case
…Costs of this application will be costs in the cause.It is so ordered; DATED and delivered at Mombasa this 30th day of January, 1995. S.O.OGUK JUDGE.…