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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.…

…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.…

…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 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…

…Let’s see what the law says on taxation of Advocate/Client Bill of Costs.…

…Only party and party costs can be assessed by the same court that heard and determined the dispute. 29. On the whole, I nd that the taxation of Advocate/Client Bill of Costs by Hon.…

…The question of costs which was awarded to the Applicant is no longer open for discussion as the Applicant seemed to invite me to.…

…Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…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.…

…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.…

…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.…

…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…

…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.…

…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.…

…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.…

…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.…

…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…

…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).…