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…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.…

…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…

…She made what appears to be a global award of Shs.100,000/-, but denied the plaintiff her costs of the action. The defendant’s appeal is against both liability and quantum.…

…In the final analysis, we dismiss the defendant’s appeal against liability and quantum with costs to the plaintiff and we allow the plaintiff’s appeal against quantum with costs.…

…(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.…

…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.…

…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…

…As for the costs of this appeal, since the appeal has succeeded only on one out of six grounds, I would grant the appellants one third of their costs to be paid by the City Council of Nairobi.…

…I agree with the order on costs proposed by my Lord Kwach. Akiwumi JA.…

…(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…

…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.…

…It is accordingly dismissed with costs. Dated and delivered at Nairobi this 14th day of May, 1997. A.A. LAKHA .................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…

…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.…

…Costs in the application. Dated and delivered at Nairobi this 3rd day of August, 1998. E. OWUOR ............... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…