“"costs"” — court decisions

Judgment[1995] KECA 13213 March 1995

Francis Wainaina v Kenya Commercial Finance Company Limited

Court of Appeal at NairobiAluoch,judge High Court,JUDGE APPEALCase number Civil Appeal 116 of 1987

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…

appeal failsDismissed14 min read

Judgment[1997] KEHC 498 April 1997

ELIUS GACHII KARANJA v CONCORD INSURANCE COMPANY LIMITED

High Court at NairobiJUDGE APPEAL,judge High Court,Hamilton QCCIVIL CASE NO. 1426 OF 1993

Division and case type: CivilCivil Case

…was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages and costs…

…That now leaves me with the question of general damages and costs.…

9 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

…Aluoch J accepted these contentions and ordered Mr Kariuki’s entire plaint struck out with costs.…

…I agree with Akiwumi, JA that this appeal must be dismissed with costs. Akiwumi JA.…

Judgment[1984] KECA 443 April 1984

Morjaria v Abdalla

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 1 of 1982

Division and case type: CivilCivil Appeal

…respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979 Nyarangi J (as he then was) gave judgment for the respondent for specific performance, mesne profits and costs…

…But in view of the gross error in the form of the application we consider that the costs therefore should not be reserved or abide the result the result of this appeal, as we might otherwise have decided, but the applicants…

13 min read

Judgment[1984] KECA 515 March 1984

Samuel Mbugua Githere v Kimungu

Court of Appeal at NairobiJUDGE APPEAL,Martin Mati Muya,judge High CourtCase number Civil Application 56 of 1983

Division and case type: CivilCivil Case

…I agree that where there has been a bona fide mistake, and no damage has been done to the other side which cannot be sufficiently compensated by costs, the court should lean towards exercising its discretion in such a way…

…For these reasons, I dismiss the application with costs. Dated and delivered at Nairobi this 6th day of March, 1984. A.R.W HANCOX .........................…

10 min read

Judgment[1986] KECA 8310 August 1986

Jitendra Brahmbhatt v Dynamics Engineering Ltd

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 92 of 1983

Division and case type: CivilCivil Appeal

…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…

…He accordingly asked us to dismiss the appeal with costs.…

petition is set asideDismissed42 min read

Judgment[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

…Accordingly, the appeal is dismissed with costs to the respondent. Dated and delivered at Kisumu this 11th day of May , 1988 H.G PLATT .............................…

Appeal refusedDismissed8 min read

Judgment[1984] KEHC 2023 April 1984

Republic v The Commissioner of Prisons Ex Parte Wachira

High Court at Nairobijudge High Court,Edward Akeng,Chunga,Kiraitu Murungi Mr,Kamau Kuria,Murungi Mr,Wachira,Oyugi,Reynolds,Kiraitu Murungi,MurungiCase number Miscellaneous Civil Case 60 of 1984

Division and case type: CivilCivil Case

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,,

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal

…We make no orders as to costs Dated and delivered at Nairobi this 8th day of December 2017. M. K. KOOME ………………..……………… JUDGE OF APPEAL H. M. OKWENGU ………………………………… JUDGE OF APPEAL S. ole KANTAI ……………………………….…

Appeal grantedAllowed18 min read

Judgment[2020] KEHC 87916 December 2020

Mohamed Adbikadir Mohamed v County Government of Wajir & 3 others; Office of the Administrative Justice & another

High Court at NairobiPeace,judge High CourtCase number Petition 50 of 2020

Division and case type: Constitutional and Human RightsPetition

…having read through the ruling of Constitutional Petition No. 50 of 2020, it is clear to me that the said Judge did not determine the issue of jurisdiction as he allowed the applicants to withdraw the petition and to pay the costs…

17 min read