Search court decisions

…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.…

…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.…

…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.…

…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…

…He then struck out the application with costs for the respondent. But what was the decision of Omolo, JA which was upheld by the full court?…

…In the result, the reference before us succeeds and the ruling of Tunoi, JA of 25th February, 1997, is hereby set aside together with the costs awarded thereunder and the applicant’s application before him is to proceed to…

…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.…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…Additionally the petitioner failed to provide security for costs before the hearing of the petition as mandatorily required by law.…

…The petitioner did not give any security for costs before the winding up order was issued.…

…This appeal therefore succeeds and is allowed with costs here and below with the result that the Notice of Motion filed in the Superior Court on 4th May, 1994 is dismissed with costs.…

…The cross appeal by the second respondent is allowed with costs and notice of grounds to affirm the decision of Okubasu J. is dismissed with costs. Dated and delivered at Nairobi this 6th day of August, 1996. A.M.…

…The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C. OMOLO --------------- JUDGE OF APPEAL I certify that this is a true copy of the original.…

…applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff together with costs…

…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…

…The matter of the costs of this litigation is the last one.…

…Each party paid its own costs in the Ngare trial, costs were not dealt with in the Chesire order laid before me and in the Moraa one the unsuccessful plaintiff paid them.…

…By a notice of motion made to the High Court under Order XXXV rule 1 of the Civil Procedure Rules, the respondent applied for summary judgment against the appellant for the sum of Kshs 933,750 together with interest and costs…

…to the whole of the appellant’s defence, the learned judge found that the appellant had no answer to the respondent’s claim.Accordingly he entered judgment for the respondent against the appellant as prayed together with costs…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…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.…

…I would dismiss this appeal with no order as to costs. Nyarangi JA.I agree with what Gachuhi JA has stated.…

…I conclude, therefore, that the appeal should be dismissed with costs and as Apaloo JA also agrees, it is so ordered. Apaloo JA.…

…together with the costs occasioned by the application.…

…Consequently, the learned judge granted the second respondent’s application and struck out the appellants’ Originating Summons with costs together with the costs occasioned by the said application.…

…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…

…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…

…For the reasons given I find that the petitioner’s petition fails and the same is dismissed with costs.…

…The respondent was also awarded the costs of the suit. This appeal arises from the said judgment. The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…

…The appellant shall also have the costs of this appeal. Orders accordingly. Dated and delivered at Nairobi this 8th day of July, 1998 A. MBOGHOLI MSAGHA JUDGE…