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…an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs.…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…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.…

…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.…

…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.…

…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.…

…Thirdly, that provision be made for the costs of the application. The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…Mr Shah offered to compensate the plaintiff in costs. In effect all he was saying is that his clients would compensate the plaintiff.…

…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.…

…However, how much the plaintiff incurred in legal costs was not stated. That was an item of special damages which was supposed to but was not specifically pleaded.…

…In any case costs of the proceedings before the Tribunal were costs in the cause. They were not claimable here.…

…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.…

…In the respondent’s amended plaint he has merely asked for an order for specific performance and costs of the suit.…

…The appellant will also have the costs of this appeal. Gachuhi JA. This is yet another case involving the Land Control Act (cap 302).…

…discretion, the court should consider the nature of the action, the defence, however irregularly it may have been brought to the notice of the court and the question of whether the plaintiff can be reasonably compensated by costs…

…nature of the action should be considered, the defence if one has been brought to the notice of the Court, however, irregularly, should be considered, the question whether the plaintiff can be reasonably compensated by costs…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The second one was for costs.…

…We think that a sum of shs.50,000/= would cater for such treatments and transport costs.…

…As the appellants have had substantial measure of success in this appeal, we would order the respondent to pay two-thirds of costs of this appeal to the appellants.…

…paid within 2 weeks of the date hereof into an interest bearing account in a bank approved by both sides in the joint names of the advocates representing the two parties. (2) The applicant to pay forthwith the respondent’s costs…

…incurred in connection with the execution proceedings. (3) The applicant to pay the respondent’s costs of this application.…

…Costs of this application shall be costs in the appeal. Orders accordingly. Dated, Signed and Delivered this 22 nd day of December 2003. H. M. OKWENGU JUDGE…

…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).…

…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.…

…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…