Case law
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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
…In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.…
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
…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: Constitutional and Human RightsPetition
…The suit was dismissed with costs and provided payment of Kshs 7.6 million by December 1990 and thereafter payment of all amounts outstanding by October 30,1991.…
…agree with the petitioner that since the alleged dispute is not based on any substantial ground and it is not bona fide, I decline to strike out the petition and the company’s application for that purpose is dismissed with costs…
Division and case type: CivilCivil Appeal
…The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days. Dated and delivered at Nairobi this 24th day of October, 1996. R.O. KWACH ............... JUDGE OF APPEAL P.K.…
Division and case type: CivilCivil Appeal
…This appeal is allowed with costs here and in the superior court. Dated and delivered at Nairobi this 4th day of November, 1996. A. M. AKIWUMI ………………….. JUDGE OF APPEAL A.B. SHAH ……………………. JUDGE OF APPEAL S. E. O.…
Division and case type: Constitutional and Human RightsPetition
…Costs of this application shall be in the intended appeal which shall be filed within 30 days hereof. Dated and delivered at Nairobi this 16th day of September, 1996. P. K. TUNOI ...............…
Division and case type: CivilCivil Appeal
…We allow the same with costs to the appellant. Dated and delivered at Nyeri this 16th May, 1996. J.E. GICHERU ....................................... JUDGE OF APPEAL R.O.…
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 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
…Costs of the application to be in the appeal. Dated and delivered at Nairobi this 18th day of June, 1996. R.O. KWACH ......................…
Division and case type: CriminalCriminal Appeal
…Costs to be in the appeal. Dated and delivered at Nairobi this 22nd day of April, 1996. R.O. KWACH ..................... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…
Division and case type: CivilCivil Appeal
…as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as to costs…
…We also deprive the second respondent of its costs on the motion because of a delay of more than 3 years in bringing the application. Dated and delivered at Nairobi this 3rd day of December, 1996. R. O.…
Division and case type: CivilCivil Case
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Appeal
…The respondents will have the costs of both the appeal and the motion. Dated and delivered at Nairobi this 23rd day of September, 1996. R. O. KWACH ……………………… JUDGE OF APPEAL A. M. AKIWUMI ……………………….. JUDGE OF APPEAL A.…
Division and case type: CivilCivil Appeal
…In the result, this overloaded application must fail and it is dismissed with costs. Dated and delivered at Nairobi this 3rd day of June, 1996. A.M. AKIWUMI ................. JUDGE OF APPEAL P.K. TUNOI .................…
Division and case type: CivilCivil Appeal
…(or a tortfeasor) who is dealing with the advocates for the injured party upon settlement of claim, pay directly to the injured party, the sum in respect of the claim for damages and at the same time pay party and party costs…
…Keith's letter, the Association advised all its members to issue separate cheques, one for the claimants and the other for party and party costs to their advocates.…
Division and case type: CivilCivil Appeal
…For these reasons, we think the appeal has no merit, and it is accordingly dismissed with costs to the respondent. Dated and delivered at Nairobi this 25th day of June, 1996. R.O. KWACH ...............................…