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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.…

…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.…

…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 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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…should compensate him with interest for the improvements he had made on that half he occupied for 18 years and, in any event, he should have his costs and interest on them.…

…Mr Justice J S Patel dismissed the application with costs on March 21, 1985 (about 5 1/2 years after it had been filed) because he found it was without merit.…

…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.…

…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.…

…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…