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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.…

…Musyoka estimated those costs at Shillings 1.2 million. We have not been persuaded that this was in any way so high or that it was in any way erroneous. We on our part would not disturb this award.…

…The respondent shall pay to the appellant one-half of the costs of this appeal. Dated and delivered at Nairobi this 7th day of March, 1997. J. E. GICHERU ……………………. JUDGE OF APPEAL A. A. LAKHA ……………………..…

…Costs. An affidavit in support accompanied the application.…

…Each party to bear his costs.…

…It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M. AKIWUMI ……………………… JUDGE OF APPEAL A.A. LAKHA ……………………… JUDGE OF APPEAL S.E.O. BOSIRE ………………………….…

…The respondent will have costs of the applications which, to save time, I assess at shs.4,000/= for both applications which sum must be paid by the applicant to the respondent's advocate within the next 21 days failing which…