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…Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of all for the decretal sum of shs 148,904.60, and secondly for costs…

…Thirdly I am asked to make provision for the costs of the application and intended appeal.…

…We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent. Orders accordingly.…

…Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest thereon and costs…

…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…

…Starting from the provisions in the Court of Appeal Rules relating to any decision about the payment of costs, we find that the court may assess them or direct them to be taxed, and any decision as to the payment of costs…

…, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.…

…RESPONDENT RULING This is an application brought under rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of time and that the costs…

…of the application be costs in the appeal.…

…In the result I dismiss this appeal with costs.” There the learned judge misdirected himself.…

…Accordingly, I would allow this appeal with costs in this court and in the High Court and in the resident magistrate’s court, but not the costs of the ex parte hearing before the resident magistrate on March 29, 1979.…

…As far as we are aware no law specifically says that VAT is to be automatically awarded on the taxed costs.…

…We accordingly reverse his finding with respect to the imposition of 15% VAT on the taxed costs.…

…These were not therefore deductible and I would dismiss the appeal with costs.…

…With regard to costs a question has arisen as to whether the Court should certify for costs of two counsel.…

…The respondents application was heard and allowed with costs.…

…It is my view that this appeal should be allowed with costs and also costs in the proceedings in the High Court on April 19, 1985.…

…By the time the matter came up for hearing on June 6, 2000, the issue of distress had been resolved and what remained outstanding was the question of costs of the application.…

…He therefore says that they and not he should bear the costs of the application.…

…In the result, we think that the two consolidated applications are unmeritorious and the same are dismissed with costs to the respondent. Dated and delivered at Nairobi this 10th day of March, 1997. J.E.…

…The other complaint is on the taxed costs. The bill of costs filed on November 24, 1988 does not, in my view, appear to have been taxed.…

…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…

…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.”…

…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.…

…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…

…Khaminwa purported to withdraw is hereby dismissed with costs. 2. Costs of adjournment assessed at Kshs.5,000/= is awarded tot he appellant. 3. Supplementary record if any, be filed within 45 days from to-day. 4.…

…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.…

…asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer to pay the defendant’s costs…

…Fourthly, because of the plaintiff’s offer to pay costs to compensate the defendant for the inconvenience. Costs is the soothing balm which cures most procedural grievances in legal proceedings.…

…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.…

…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…

…I would also allow the plaintiff the costs of the suit in the High Court, costs of this appeal together with costs of the notice of grounds for affirming the decision. As Kneller and Hancox, JJA agree, it is so ordered.…