Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as to costs…
…We also deprive the second respondent of its costs on the motion because of a delay of more than 3 years in bringing the application. Dated and delivered at Nairobi this 3rd day of December, 1996. R. O.…
Division and case type: CivilCivil Appeal
…In the result, this overloaded application must fail and it is dismissed with costs. Dated and delivered at Nairobi this 3rd day of June, 1996. A.M. AKIWUMI ................. JUDGE OF APPEAL P.K. TUNOI .................…
Division and case type: CivilCivil 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 ...................…
Division and case type: CivilCivil Appeal
…repeated what was stated on the body of the application and the supporting affidavit while counsel the respondent opposed the release of the deposit money to the applicants arguing that this security money should cover costs…
…I dismiss this application with costs. Delivered this 18th November, 2002. D.K.S. AGANYANYA JUDGE…
Division and case type: CivilCivil Appeal
…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.…
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…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: GeneralUnclassified
…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…
Division and case type: CivilCivil Appeal
…Costs of the application to be in the intended appeal. Dated and delivered at Nairobi this 10th day of April, 1996. R. O. KWACH ……………………. JUDGE OF APPEAL R. S. C. OMOLO ……………………. JUDGE OF APPEAL A.M.…
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.…
Division and case type: CivilCivil Appeal
…Accordingly, the application is dismissed with costs. Dated and delivered at Nairobi this 9th day of August, 1999. A.A. LAKHA ................. JUDGE OF APPEAL I certify that this is a true copy of the original.…
Division and case type: CivilCivil Appeal
…I would express my disapproval of the conduct of the respondent’s case in the court below by depriving him of the costs of this appeal, and order that the appeal be dismissed but without costs.…
…In the result, we hereby dismiss the appeal, but since the advocates for the parties also had a duty to see that issues are framed and recorded, there will be no order as to costs.…
Division and case type: GeneralUnclassified
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…
…As far costs of the suit the plaintiff’s claim did not fail in its entirety. That being so, it is my judgment that the most appropriate order to make on costs in that each party bear own costs.…