Search court decisions

…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.…

…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 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.…

…(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…

…The appellant will have of 1/5th the costs of this appeal. Dated and delivered at Nairobi this 7th day of April, 1998. R.S.C. OMOLO ................ JUDGE OF APPEAL A. B. SHAH ............... JUDGE OF APPEAL G. S.…

…We dismiss the appeal but make no order as to costs. Dated and Delivered at Nairobi this 9th day of November 1994. J.M.GACHUHI ..................................…