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…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.…

…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.…

…The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…

…The costs occasioned by this reference shall be in the intended appeal in any event. Dated and delivered at Nakuru this 20th day of September 20, 2002 r.s.c Omolo R.S.C OMOLO .....................…

…sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for the plaintiff for Sh 763,050/= with interest and costs…

…The consequence of that must be that this appeal fails and we order it to be dismissed with costs. Dated and Delivered at Nakuru this 22nd day of November, 1993 F.K. APALOO …………………… CHIEF JUSTICE J.M.…

…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…

…I would make no order for costs. Masime JA. I have had the advantage of reading in draft the judgment of the Honourable Chief Justice and I agree that this appeal ought to be allowed with costs.…

…In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K. TUNOI ……………………….. JUDGE OF APPEAL A.B. SHAH ………………………….…