Case law
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Division and case type: High Court DivCivil Case Miscellaneous
…He applied for a certificate of costs issued by the deputy registrar on 17/9/2021. Despite serving the respondent with the said certificate of costs, the respondent has refused to pay the applicant the awarded costs.…
…The appellant is desirous of enforcing the certificate of costs as the judgment/decree of this court to enable him to realise the fruits of the judgment bill of costs.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…party bears its own costs, it was only fair and just that the costs awarded by the Tribunal be set aside. 8.…
…bear their own costs, it (is) fair and just that the costs awarded by the tribunal be set aside.” 13.…
Division and case type: High Court Commercial and TaxCommercial Matters
…(b) the suit was struck out with costs to the defendant in the Ruling on record delivered on 13th August 2021. (c) the 3rd defendant filed a bill of costs thereto on 6th July 2023.…
…dated 14.8.2024. 5.Where costs have been ‘taxed by the court, the amount of costs may be stated in the decree or order’.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Bill of Costs).…
…following the original taxation ruling, it did not necessarily deny the Applicant an award of costs and thatthe Applicant was entitled to the respective costs sought in the Supplementary Bill of Costs.…
Division and case type: High Court CivilCivil Suit
…, the Defendants are entitled to an award of costs of the suit. 7.…
…The law governing the award of costs is found in Section 27(1) of the Civil Procedure Act, which provides that costs are in the discretion of the Court, but that such costs shall follow the event unless the Court, for good…
Division and case type: High Court CivilCivil Case Miscellaneous
…to interest on the taxed costs.…
…to settle the taxed costs.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…the certificate of taxation or costs, are final with respect to costs covered therein.…
…In other words, a certificate of taxed Party-Party costs is final on the costs/fees ascertained in the Party-Party costs…...” 9. Similarly, in Ahmednasir Abdikadir & Co.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The respondent’s bill of costs, on the other hand, was an advocate/client bill of costs dated 21 December 2021 and amended on 3 November 2023. 12.…
…The 3rd respondent hereby agrees to pay the ex parte applicant the agreed costs of Kshs. 2,000,000/=representing the agreed share of the 3rd respondent\'s costs in the above case out of the taxed costs contained in the certificate…
Division and case type: High Court CivilCivil Case Miscellaneous
…The Applicant also seeks costs and interest on the taxed sum. The certificate of costs was issued pursuant to the taxation of an advocate/ client bill of costs dated 26.1.24 arising from Kilifi CMCC No.…
…The Respondent urged that the bill of costs be struck out and that the certificate of costs be set aside and it be allowed to pay the Applicant as per the SLA.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Gikandi Ngibuini, which advice he verily believed to be true, that costs never became payable as a definite and enforceable sum merely by filing a Bill of Costs, and that taxation and assessment of costs were governed by…
…Instead, there had been an appeal but which was again withdrawn with costs. Todate, these costs awarded by court had not been paid. 12. …
Division and case type: High Court Judicial ReviewJudicial Review
…costs against the Government dated 26 th October, 2023, following the ruling on taxation of the advocate/ client bill of costs dated 25 th August 2021 on 17/ 3/2022 and the certificate of costs dated 20 th April, 2022.…
…of costs; the certificate of costs has not been set aside or stayed or appealed against on a reference filed upon it; and there is no dispute on retainer.…
Division and case type: High Court Commercial and TaxCommercial Matters
…(c) the 2nd defendant filed a bill of costs thereto on 12.1.2022. (d) the costs were taxed and allowed on 12.1.2022 at Kshs. 151,154,487.83 and a certificate of costs issued thereafter.…
…The 2nd defendant filed its bill of costs which was taxed at Kshs. 151,154,487.83/-. 9. The bill of costs dated 12.1.2022 is on record.…
Division and case type: High Court CivilCivil Suit
….…..PLAINTIFF VERSUS CYPRIAN SHALAHO……………………………………………………..1ST DEFENDANT RULING The singular issue for determination is on costs: to whom are costs payable?…
…However, the Court failed to pronounce itself on costs. This matter was placed before me on 24th February 2025 to determine the issue of costs. Mr.…
Division and case type: High Court DivCivil Appeal
…It is that failure by the trail court to award costs that has led to this appeal. the Appellant’s argument in this appeal is that being the successful party in the suit, costs ought to have been automatically awarded to her…
…, since it is an established principle of law that costs follow the event.…
Division and case type: High Court CivilCivil Case Miscellaneous
…That the term all consequential costs and charges includes the advocates costs herein.…
…That under Section 48 of the Advocates Act, taxation of the Bill of Costs precedes a suit for recovery of costs, and seeking security for costs and taxing costs are two processes that can proceed concurrently. 9.…
Division and case type: Environment and Land CourtELC Land Appeal
…The import of the proviso is that the default rule is that costs follow the event — the successful party is ordinarily entitled to costs.…
…The Respondent submits that the costs were intended as "throwaway costs" given that the Applicant was accorded a retrial.…
Division and case type: High Court CivilCivil Case Miscellaneous
…THAT the decision of the taxing master delivered on 25* September 2023 be set aside and assessed costs be subjected to 50% liability by this Honourable Court. b. THAT the costs of this application be provided. 2.…
…Lastly, he submitted that the respondent was awarded costs and not half costs, so subjecting the assessed costs to 50% will amount to the respondent being awarded half the costs hence changes the judgment of the lower court…
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant prays for orders directing the plaintiff/respondent to provide security for costs amounting to Kshs.3,779,565.44, being the estimated party and party costs for the suit, or such other amount as the Court deems…
…In the premise, I am satisfied that the sum of Kshs.3,779,565.44 being security for costs will not only be reasonable but also appropriate as costs in defending the respondent’s counterclaim. 29.…
Division and case type: High Court Judicial ReviewJudicial Review
…shall be added to the costs and shall be recoverable as such.” 15.…
…So, the basic rule on attribution of costs is: costs follow the event.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Therefore, invoking reconciliation as a basis to avoid costs is unwarranted. 26.…
…In conclusion, the Defendants pray that this Honourable Court upholds the principle that costs follow the event and awards them the full costs of the suit. Analysis and Determination 30.…