Case law
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Division and case type: Milimani Commercial CourtsMiscellaneous Application
…As far as the applicant is concerned, the advocate/client costs should be either the "Party and Party Costs", increased by one-half, or alternatively the "agreed costs" increased by one-half.…
…Thus, the applicant believes that at no time should the Advocate/Client costs ever be less than the Party and Party Costs.…
Division and case type: CivilCivil Case
…The only issue in dispute is what order for costs should be made. The Plaintiff says that it is not his fault that the suit has now become spent.…
…In his view therefore, each party should bear its own costs of the suit. The Defendant on the other hand says that costs follow the event; therefore it should be awarded costs of this suit.…
Division and case type: CivilCivil Appeal
…The costs of the application, the respondents suggested, should be the subject of an order making them costs in the cause but the learned judge rejected this and, instead, ruled that there would be no order as to the costs…
…Accordingly, I am of view that this appeal should be allowed with costs for the reasons I have set out. Simpson CJ.…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
Division and case type: CivilMiscellaneous Application
…The learned judge (unless I have misread the order), then awarded the costs to the applicant without setting out any reasons, which may be the cause of the dispute about the costs since it seems to be contrary to the proviso…
…The costs’ order will therefore remain and the defendants will have the costs of this application.”…
Division and case type: CivilCivil Appeal
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
…In support of the bill of costs as drawn, Ms.…
Division and case type: CivilCivil Case
…the counsel for the decree holder is holding some Kshs 54,535.35 which he has not accounted to the decree-holder and alleges that he considers the debt cleared and he should be declared relieved of it; he also claims the costs…
…of trying to sell the security before the case was filled while the salary attachment totaling some Kshs 13,488.50 went towards the costs of the suit.…
Division and case type: CivilCivil Appeal
…He awarded interest on the principal sum at the rate of 12% pa from the date of filing suit, and on costs at the same rate from the date of taxation, until payment in full.…
…Consequently this appeal should be dismissed with costs. As Gicheru Ag JA agrees it is so ordered. Gicheru Ag JA.…
Division and case type: CivilCivil Appeal
…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…
Division and case type: CivilCivil Case
…The 2nd defendant denied the claims and asked the court to dismiss the plaintiffs case with costs.…
…The 1st defendant’s first defence was dated 1st June 1993 in which she denied all the claims by the plaintiffs and asked the court to dismiss their case with costs.…
Division and case type: CivilCivil Case
…The costs of this limb being Kshs.350,000/-. The plaintiff would require to undergo further surgical treatment to contest the osteomyelistis before the artificial limb is fitted at a costs of Ksh.100,000/-.…
…I would award costs of future medical care at Ksh.350,000/- for the artificial bone and Kshs.100,000/- for the costs of treatment. Special Damages had not been proved.…
Division and case type: CivilCivil Appeal
…Maira, for the appellant, does not dispute this except to say that costs should not be granted to the respondent since she was served only last Friday.…
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…
Division and case type: Milimani Commercial CourtsCivil Case
…On that basis he urged the court to dismiss the application with costs.…
…However, on costs, since it is the plaintiff who caused the circumstances leading to that withdrawal, he will pay costs of this application to the defendant. Dated at Eldoret this 22nd day of August 2000.…
Division and case type: CivilCivil Appeal
…I agree with the order on costs proposed by Gachuhi JA. As Platt JA also agrees, it is so ordered. Gachuhi JA.…
…Regarding the costs, the trial judge allowed 3/4 of the cost to the plaintiff, appellant.…
Division and case type: Constitutional and Human RightsPetition
…He prayed the petitioner to be awarded that sum with interest and costs.…
…As regards costs Mr Njau said that costs should be granted to the Respondents because there was no need for a winding up action to have been filed. The petitioner should have opted from the start to being bought out.…
Division and case type: CivilCivil Appeal
…The respondent had also been awarded costs of the action against Pauline W Kimuyu which were certified by the superior court at Kshs 20,882/40.…
…In his suit against the appellant he asked the superior court to enter judgment in his favour and against the appellant for Kshs 2,949,164/15, to award him costs of the suit and interest on the decretal sum and on costs.…
Division and case type: CivilCivil Case
…The sum of Shs.200,000/- deposited into court on the 7th December, 1994 as security for costs be released to Meenye & company advocates on their professional undertaking to pay a sum of Shs.25,000/- being portion thereof…
…to Hamilton Harrison & Mathews being their agreed costs in full and final settlement. 2.…
Division and case type: CivilCivil Suit
…A fee note would not be raised under that clause unless some work would have been done over the costs thereof assessed. In general terms estimates would be used. That is the import of that paragraph.…
…Clause B 9(d) requires actual construction costs.…
Division and case type: CivilCivil Case
…Motion under Order 12 rule 6 of the Civil Procedure Rules for orders that judgment be entered against the defendant for Kshs. 4,000,000/- as admitted in the defendant’s Reply to Request for particulars filed in court and costs…
…, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…accordingly by the power donated to me by the aforesaid order I do hereby amend the chamber summons dated 14th May 2004 to read in prayer as follows: “That suit herein, as against the third defendant, be dismissed with costs…
…Accordingly the order of this court is that the suit herein as against the 3rd defendant is hereby dismissed for want of prosecution and the costs of the suit and the costs of the application dated 14th May 2004 are awarded…