Case law
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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
…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
…respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979 Nyarangi J (as he then was) gave judgment for the respondent for specific performance, mesne profits and costs…
…But in view of the gross error in the form of the application we consider that the costs therefore should not be reserved or abide the result the result of this appeal, as we might otherwise have decided, but the applicants…
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: CivilCivil Case
…was that the goods it was carrying belonged to known people who had hired the motor vehicle to transport the same from Nakuru District to NaAitr otbhie. trial of the suit a part from the issue of quantum of damages and costs…
…That now leaves me with the question of general damages and 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
…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: CivilCivil Appeal
…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…
…He accordingly asked us to dismiss the appeal with costs.…
Division and case type: CivilCivil Case
…I agree that where there has been a bona fide mistake, and no damage has been done to the other side which cannot be sufficiently compensated by costs, the court should lean towards exercising its discretion in such a way…
…For these reasons, I dismiss the application with costs. Dated and delivered at Nairobi this 6th day of March, 1984. A.R.W HANCOX .........................…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with no order at to costs.…
…In the result I would dismiss this appeal with no order as to costs. Gicheru JA: I have had the advantage of reading in draft the judgments of Kwach and Muli, JJ A .…
Division and case type: CivilCivil Case
…The application for a writ of Habeas Corpus and Subjiciendum to issue is accordingly refused and the applicants are ordered to pay the costs of the respondent.…
…In view of the nature and importance of the case costs will be taxed on the higher scale and there will be a certificate for two counsel. Dated and delivered at Nairobi this 24th day of April, 1984. A.H SIMPSON JUDGE…
Division and case type: Anti-CorruptionCivil Appeal
…respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his usual short and crisp ruling dismissed the appellants’ application with costs…
…As a matter of practice, Mr Keith deponed that it is common in Kenya for the advocates instructed by the lending Financial Institution or Bank also to act for the borrowers for conveniences of speed, saving costs and lack…
Division and case type: CivilCivil Appeal
…I would make no order as to costs. Judgment of Lakha, J.A. 1.…
…For the reasons above stated I would dismiss the appeal but, in the circumstances of this case, make no order as to costs on the appeal. 17. That disposes of the appeal insofar as I am concerned.…
Division and case type: Constitutional and Human RightsPetition
…having read through the ruling of Constitutional Petition No. 50 of 2020, it is clear to me that the said Judge did not determine the issue of jurisdiction as he allowed the applicants to withdraw the petition and to pay the costs…
Division and case type: CivilCivil Appeal
…The result is that this appeal must fail and it is hereby dismissed with costs here and in the Superior Court. It is so ordered.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…We make no orders as to costs Dated and delivered at Nairobi this 8th day of December 2017. M. K. KOOME ………………..……………… JUDGE OF APPEAL H. M. OKWENGU ………………………………… JUDGE OF APPEAL S. ole KANTAI ……………………………….…