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
…Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest thereon and costs…
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
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: 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.…
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
…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
…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
…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
…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: 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
…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.…