Search court decisions

…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.…

…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.…

…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.…

…(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.…

…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.…

…I would award the costs of the appeal to the appellant. I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…

…I would grant the costs of the appeal to the appellant. But in so far as the appellant did not take all the points in the High Court which he should have done, each party will bear his own costs in the High Court.…

…..........................................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.…

…By a ruling dated 11th June, 2004, the superior court ordered that the dispute be taken back to the Tribunal for hearing de novo and that the appeal be marked as withdrawn with each party bearing its own costs.…

…In the result, the application is allowed with costs. Accordingly, the appeal is struck out with costs to the respondent. Dated and delivered at Nairobi this 14th day of November, 2008. E. O.…

…In the result we decline to grant this application and order that it be dismissed with costs. Dated and delivered at Mombasa this 29th January, 1997. J. E. GICHERU ............... JUDGE OF APPEAL A. M.…

…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.…

…I propose therefore, that this appeal be allowed with costs and that the award of Mr Justice Bhandari of Kshs 250,000 for the appellant’s pain and suffering and loss of amenities be increased to Kshs 475,000.…

…I would therefore, allow the appeal to the extent proposed by Kneller JA and I agree with the order he proposes as regards costs. Nyarangi JA.…

…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 .....................…

…I make no orders as to costs. Dated, Signed and Delivered at Nakuru this 2nd day of December, 2011. W. OUKO JUDGE…

…This appeal should be dismissed with costs. Dated and delivered at Nairobi this 11th day of October, 1996 P.K. TUNOI …………… JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…

…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…

…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.…

…Accordingly, we allow the respondent’s application to strike-out the appeal, with costs to the respondent of the application. Dated at Mombasa this 30th day of January, 1984.…

…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 ………………..…

…I propose therefore, that this appeal be allowed with costs and that the award of Mr Justice Bhandari of Kshs 250,000 for the appellant’s pain and suffering and loss of amenities be increased to Kshs 475,000.…

…I would therefore, allow the appeal to the extent proposed by Kneller JA and I agree with the order he proposes as regards costs. Nyarangi JA.…