Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…(b) The costs of the survey exercise be borne by the Plaintiff and the first Defendant in equal portions. (c) The surveyors to file a joint report within SIXTY (60) days of this order.…
…(d) Costs of the application be in the suit. (e) The Plaintiff’s counsel shall serve a certified copy of the order upon the two surveyors.…
Division and case type: CivilCivil Appeal
…defendant constructed houses in my land and refused to move to his one acre plot awarded by Land committee Officers it had already excised by the said officers …… The plaintiff prays: 1) Judgment against the defendant 2) Costs…
…He therefore prayed for judgment and the costs of the suit.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…..........................................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CivilCivil Case
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Case
…He prayed for damages, costs jointly and severally, including loss of earning prospects.2 A joint defence was filed on 15.6.97, on their part the defendants averred that they werenot liable in negligence but that the plaintiff…
…In sum this suit is dismissed with costs. Had his suit succeeded the plaintiff would have borne a greater ratio of liability and alldamages worked out would have been subjected to that.…
Division and case type: CivilCivil Case
…That the costs of this application do abide the outcome of the application. The applicant was served with the order and other relevant documents from the Chief Magistrate’s Court, Nakuru.…
…Costs of the suit. d. Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…
…The costs occasioned by this reference shall be in the intended appeal in any event. Dated and delivered at Nakuru this 20th day of September 20, 2002 r.s.c Omolo R.S.C OMOLO .....................…
Division and case type: CivilCivil Appeal
…Costs. An affidavit in support accompanied the application.…
…Each party to bear his costs.…
Division and case type: CivilCivil Appeal
…I make no orders as to costs. Dated, Signed and Delivered at Nakuru this 2nd day of December, 2011. W. OUKO JUDGE…
Division and case type: CivilCivil Case
…Njoroge Kiania Civil Appeal No. 48 of 1996, the cost of future medical costs are special damages. As the Plaintiff did not specifically plead the sum claimed as cost of future operation, the same cannot be awarded.…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CivilCivil Appeal
…sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for the plaintiff for Sh 763,050/= with interest and costs…
…The consequence of that must be that this appeal fails and we order it to be dismissed with costs. Dated and Delivered at Nakuru this 22nd day of November, 1993 F.K. APALOO …………………… CHIEF JUSTICE J.M.…
Division and case type: CivilCivil Appeal
…deemed to be in contempt of court in which he so acts or in which the suit or matter in relation to which he so acts is brought or taken and may be punished accordingly, and (b) be incapable of maintaining any suit for any costs…
…The Advocates Act only prescribes punishments to such an unqualified person adding that such a person cannot maintain a suit for costs against his "client" in those proceedings (s.31 2(b)).…
Division and case type: CivilCivil Appeal
…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…
Division and case type: CivilCivil Appeal
…I would make no order for costs. Masime JA. I have had the advantage of reading in draft the judgment of the Honourable Chief Justice and I agree that this appeal ought to be allowed with costs.…
Division and case type: CivilCivil Suit
…I strike out the suit and award costs thereof to the 1st to 10th defendants. DATED, SIGNED & DELIVERED at Nakuru this 17th day of December, 2004. DANIEL MUSINGA AG. JUDGE 17/12/2004…