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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.…

…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.…

…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.…

…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.…

…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.…

…lawfully stored or detained, he shall be guilty of an offence and liable to pay to the person or persons aggrieved by the removal three times the value of the goods, chattels, stock or crops so removed, in addition to any costs…

…any pound-breach or rescous of goods or chattels detrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages and costs…

…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.…

…I award costs of this application and costs of the suit to the Defendant. It is so ordered. Dated and delivered at Mombasa this 30th June 2003. A.G.A. ETYANG JUDGE…

…A dispute as to costs due and payable by the advocate to client has arisen and a Client Advocate bill has been filed in court.…

…Firstly the bill has not been taxed to ascertain the costs of the applicant for services rendered to the client. In the meantime the advocate has deposited the full amount involved into the court pending the taxation.…

…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 ..............…

…It seeks an order that summary judgment be entered for the plaintiff, Agricultural Development Corporation, as prayed in the plaint and that the costs of the application be provided for.…

…The present defendant’s counter claim is in respect of alleged costs of repair carried out by him. The two cases are peculiarly similar.…

…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…

…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.…

…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…

…Mr Aboo submits that the period allowed was unreasonably inadequate and disentitles the plaintiff to costs. I would have been prepared to uphold that submission if there had been tender of the sum claimed.…

…That being so the plaintiff is clearly entitled to full costs. The upshot of the foregoing is that I grant summary judgment to the applicant / plaintiff as prayed in the plaint.…

…The application is dismissed with costs.…