Case law
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Division and case type: CivilCase number Civil Application
…Starting from the provisions in the Court of Appeal Rules relating to any decision about the payment of costs, we find that the court may assess them or direct them to be taxed, and any decision as to the payment of costs…
…, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.…
Division and case type: CivilCivil Appeal
…In the result I dismiss this appeal with costs.” There the learned judge misdirected himself.…
…Accordingly, I would allow this appeal with costs in this court and in the High Court and in the resident magistrate’s court, but not the costs of the ex parte hearing before the resident magistrate on March 29, 1979.…
Division and case type: CivilCivil Appeal
…These were not therefore deductible and I would dismiss the appeal with costs.…
…With regard to costs a question has arisen as to whether the Court should certify for costs of two counsel.…
Division and case type: CriminalCriminal Appeal
…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: GeneralUnclassified
…In the result, we think that the two consolidated applications are unmeritorious and the same are dismissed with costs to the respondent. Dated and delivered at Nairobi this 10th day of March, 1997. J.E.…
Division and case type: CivilMiscellaneous Application
…The learned judge (unless I have misread the order), then awarded the costs to the applicant without setting out any reasons, which may be the cause of the dispute about the costs since it seems to be contrary to the proviso…
…The costs’ order will therefore remain and the defendants will have the costs of this application.”…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
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 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
…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
…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
…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…
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
…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…
…to the whole of the appellant’s defence, the learned judge found that the appellant had no answer to the respondent’s claim.Accordingly he entered judgment for the respondent against the appellant as prayed together with costs…
Division and case type: GeneralUnclassified
…The costs of this application will be the respondents' costs in the appeal in any event. Dated and delivered at Nairobi this 17th day of November, 1994. P. K.…
Division and case type: CivilCivil Appeal
…Musyoka estimated those costs at Shillings 1.2 million. We have not been persuaded that this was in any way so high or that it was in any way erroneous. We on our part would not disturb this award.…
…The respondent shall pay to the appellant one-half of the costs of this appeal. Dated and delivered at Nairobi this 7th day of March, 1997. J. E. GICHERU ……………………. JUDGE OF APPEAL A. A. LAKHA ……………………..…
Division and case type: CivilCivil Appeal
…He rejected the larger one because it was based on the fact that Sarikas was not chosen because it had kept mum about its unit costs.…
…He agreed it was the duty of the contractor to mitigate the losses they suffered by asking Sarikas for its unit costs.…
Division and case type: CivilMiscellaneous Application
…Khamoni J after hearing the applicant's counsel, Mr Letangule came to the conclusion, quite properly in our view, that the application before him was unmeritorious and dismissed the same with costs.…
…In the result, we dismiss the application with costs to the respondent. Dated and delivered at Nairobi this 22nd day of November, 1999. R. S. C. OMOLO --------------- JUDGE OF APPEAL A. M.…
Division and case type: CivilCivil Appeal
…The plaintiff prayed first, for orders that there be extension for the caveat beyond the forty five days mentioned in the notice by the Registrar of Titles and secondly for costs to be provided with.…
…For these reasons, I am unable to agree with the conclusions of the High Court and I, therefore, would allow the appeal with costs and costs of the High Court proceedings and order that the order dated December 20, 1988 be…
Division and case type: CivilCivil Appeal
…The costs of the application, the respondents suggested, should be the subject of an order making them costs in the cause but the learned judge rejected this and, instead, ruled that there would be no order as to the costs…
…Accordingly, I am of view that this appeal should be allowed with costs for the reasons I have set out. Simpson CJ.…