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
…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.…
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: FamilySuccession Cause
…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…
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
…(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.…
Division and case type: CivilCivil Appeal
…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.…
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
…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…
Division and case type: CivilCivil Appeal
…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 ...............................…
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: 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
…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: CivilCivil Appeal
…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.…
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
…(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…