Case law
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Division and case type: CivilCivil Case
…Njoroge Kiania Civil Appeal No. 48 of 1996, the cost of future medical costs are special damages. As the Plaintiff did not specifically plead the sum claimed as cost of future operation, the same cannot be awarded.…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CivilCivil Appeal
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
…The appeal should be dismissed with costs. Dated at Kisumu this 6th day of May 1986. A.A.KNELLER ....................................... JUDGE OF APPEAL A.R.W.HANCOX .....................................…
Division and case type: CivilCivil Appeal
…Accordingly, the trial judge dismissed the appellant’s suit with costs. Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…
…It is for this reason only that I would dismiss the appellant’s appeal with costs to the respondent. JUDGMENT OF Cockar Ag JA.…
Division and case type: CivilCivil Suit
…..........................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CivilCivil Appeal
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Case
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Appeal
…The costs of this appeal are awarded to the appellant. Dated and delivered at Kisumu this 14th day of June, 1995. J. E. GICHERU ………………….. JUDGE OF APPEAL A. M. AKIWUMI …………………….. JUDGE OF APPEAL A.B. SHAH …………………….…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I would award the Appellant the costs in this Court and below and observe that the Respondent is entitled to the return of the price paid. 12.…
Division and case type: CivilMiscellaneous Application
…The summons came before Mr Justice O’Connor who dismissed it with costs on the higher scale on November 15, 1985.…
…They include interest, commission, fees, charges and costs.…
Division and case type: CivilCivil Suit
…The summons came before Mr Justice O’Connor who dismissed it with costs on the higher scale on November 15, 1985.…
…They include interest, commission, fees, charges and costs.…
Division and case type: CivilCivil Appeal
…Accordingly the application to extend time is dismissed with costs. Dated and delivered at Kisumu this 23rd day of November, 2001. M. OLE KEIWUA ...............…
Division and case type: CivilCivil Case
…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…
…In sum this suit is dismissed with costs. Had his suit succeeded the plaintiff would have borne a greater ratio of liability and alldamages worked out would have been subjected to that.…
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
…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…
Division and case type: CivilCivil Case
…set aside, that there be a stay of execution, that the defendants be granted leave to file their defence out of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs…
…On that date the plaintiff formally proved his claim against both defendants and on the 16th February, 1988 judgment was given to the plaintiff against both defendants in the sum of shs 228,500/- with costs.…
Division and case type: CivilCivil Appeal
…Costs. An affidavit in support accompanied the application.…
…Each party to bear his costs.…
Division and case type: CivilCivil Appeal
…For this reason, the appeal must be and is dismissed with costs. 8. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JANUARY, 1988 J.O NYARANGI .............................…
Division and case type: CivilCivil Suit
…I strike out the suit and award costs thereof to the 1st to 10th defendants. DATED, SIGNED & DELIVERED at Nakuru this 17th day of December, 2004. DANIEL MUSINGA AG. JUDGE 17/12/2004…
Division and case type: CivilCivil Appeal
…In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K. TUNOI ……………………….. JUDGE OF APPEAL A.B. SHAH ………………………….…
Division and case type: CivilCivil Appeal
…We think this appeal fails and ought to be and is dismissed with costs.…