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…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.…

…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.…

…The costs of this Application be provided for. 2.…

…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…

…(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.…

…Lakha, Justice of Appeal, on 25 th June, 1998 be vacated, discharged and set aside with costs. The background of this application is as follows.…

…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…

…Costs of this application will be costs in the intended appeal Dated and delivered at Nairobi this 5th day of February, 1997. A. B. SHAH ...................…

…I propose therefore, that this appeal be allowed with costs and that the award of Mr Justice Bhandari of Kshs 250,000 for the appellant’s pain and suffering and loss of amenities be increased to Kshs 475,000.…

…I would therefore, allow the appeal to the extent proposed by Kneller JA and I agree with the order he proposes as regards costs. Nyarangi JA.…

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

…so amend can be exercised by the court at any stage of the proceedings (including appeal stages) that as a general rule however late the amendment is sought to be made it should be allowed if made in good faith provided costs…

…Accordingly, the appeal is struck out with costs. Dated and delivered at Nairobi this 15th day of February, 1996. J. E. GICHERU ............................ JUDGE OF APPEAL P. K. TUNOI ...............................…

…The costs of this application to be provided for.”…

…(d) The application has been brought without undue delay and the granting of the orders sought will not cause any prejudice to the respondent not remediable by costs.…

…It is important to reproduce the order: "Order: By consent the issue raised in the pleadings and the question of costs are referred to arbitration. Each side to have two elders.…

…As to the costs in this matter, the applicant has indicated that he is willing to pay all the thrown away costs. There shall be an order in those terms. Dated and delivered at Nairobi this 22nd day of August, 2000. E.…

…The respondents’ costs in the superior court will be on the scale applicable in the Resident Magistrate’s court, as provided for in Schedule VII of the Advocates (Renumeration) Order.…

…He will therefore have 80% of the costs of the appeal. Miss Waweru sought orders from us for the refund of moneys paid by her clients should the appeal succeed.…

…He asked for his name to be struck out from the suit with costs. 8.…

…Equally the same, I would dismiss this appeal with costs to the 1st and 3rd respondents. Judgement of Apaloo JA. I 1. have reached the same conclusion as Gachuhi JA. 2.…

…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…

…In view of factual circumstances which led to the non-filing of the appearance the plaintiff will have costs of the application to set aside the ex-parte judgment in the superior court but the defendant will have costs of…

…We allow this appeal and set aside the ruling and order of Rimita,J. dated 31st October, 1994, and substitute therefor an order dismissing the respondent’s application dated 29th June, 1994 with no order as to costs.…

…We order that each party shall bear its own costs of this appeal. Dated and delivered at Nairobi this 11th day of January 1996. J. E . GICHERU ………………….. JUDGE OF APPEAL R. O. KWACH ……………………. JUDGE OF APPEAL R. S. C.…

…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 ………………………….…

…I ask that plaint be dismissed with costs.” From the foregoing it would appear to us that the matter was first called at the appointed time, but was stood over to later in the afternoon of the same day.…

…He therefore proceeded to dismiss the application with costs and thereby provoked this appeal.…