Case law
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Division and case type: CivilCivil 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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The judge said: “… On costs, the plainti has basically lost and the defendant has in fact won. Under the proviso to section 27(1) of the Civil Procedure Act, the court should, therefore award costs to the defendant.…
…In these circumstances, and exercising my discretion as regards costs under section 27(1) of the Civil Procedure Act, I shall not award to the defendant the costs of the suit.” 39.…
Division and case type: CivilCivil Appeal
…the Civil Procedure Rules (the Rules) against the plaintiff for orders that: (1) the plaintiff has no cause of action against the defendants; (2) the plaint discloses no cause of action; and (3) the suit be dismissed with costs…
…The matter was before the Judge on July 9th, 1985 and the upshot was that the Judge granted the defendants’ application with costs.…
Division and case type: CivilCivil Appeal
…The respondent asked that the costs of the appeal should not be awarded today, but that the costs should be ordered to follow the event of the appeal in the High Court.…
…There will be no order on costs today, but the costs of this appeal will follow the event in the High Court. The deposit paid to the Court of Appeal by the appellant will be returned to him.…
Division and case type: CivilMiscellaneous Application
…On the basis of this decision, to prevent execution on the wrong property for which judgment was obtained, I would allow the application with costs, and set aside the eviction order dated April 15, 1985. Hancox JA.…
…I would also grant the costs to the applicant. As Nyarangi JA also agrees, these are the orders of this court. Nyarangi JA.…
Division and case type: CivilCivil Appeal
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
…In the result this appeal is ordered to be dismissed with costs. November 30, 1987 PLATT, APALOO JJA & MASIME Ag JA…
Division and case type: CivilCivil Appeal
…By that judgment, the plaintiff’s claim was dismissed with costs to the defendant. The plaintiff was employed by the defendant as a bus conductor at a salary of Kshs 97 per month.…
…Accordingly, we allow this appeal, with costs and order that there be assessment of the amount due to him. Platt JA (Dissenting).…
Division and case type: CivilCivil Appeal
…I would award to the appellant the costs in this appeal and the costs in the High Court. The taxed costs to have interest from the date of taxation to the day of payment in full.…
…On the evidence before the court the learned trial judge dismissed the appellant’s case with costs.…
Division and case type: GeneralCase
…The applicant shall pay to the respondent, Sule, the costs of this motion which I assess at Shs.10,000/=, such costs to be paid within twenty one (21) days of today’s date; 4.…
…If the applicant should fail to comply with any or all of the conditions stated in paragraphs (1), (2) and (3) of this order, then in the event of such failure the notice of motion shall stand dismissed with costs and without…
Division and case type: CivilCase number Civil Application
…The respondent sued Mr Magugu and Inns Ltd in the superior court to recover a sum of Shs 17,773,889/=, together with interest and costs, in respect of engineering and architectural services alleged to have been rendered by…
…intended appeal or further order on terms that the applicant execute a guarantee by a reputable commercial bank in the sum of Shs 10,000,000/- within 14 days from today, and in default, this application to stand dismissed with costs…
Division and case type: CivilCivil Suit
…On the basis of this decision, to prevent execution on the wrong property for which judgment was obtained, I would allow the application with costs, and set aside the eviction order dated April 15, 1985. Hancox JA.…
…I would also grant the costs to the applicant. As Nyarangi JA also agrees, these are the orders of this court. Nyarangi JA.…
Division and case type: CivilCivil Appeal
…As regards the costs, each side has had a measure of success, but the preponderance of success on this appeal has been with the appellant.…
…I would award him 60% of his costs of this appeal, but I would not, having considered the matter, certify for two counsel.…
Division and case type: CivilCivil Appeal
…This appeal should be dismissed with costs. Dated and delivered at Nairobi this 11th day of October, 1996 P.K. TUNOI …………… JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…
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: CivilMiscellaneous Application
…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…