Case law
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Division and case type: CivilCivil Case
…I accordingly dismiss the application against the 2nd Defendant, but as nothing was said before me on costs I make no orders on that issue. That leaves the application as regards the 1st Defendant.…
…I award to the Plaintiffs the costs of the suit and of the notice of motion. These shall be my orders.…
Division and case type: CivilCivil Case
…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.…
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
…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.…
Division and case type: CivilCivil Appeal
…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.…
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
…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.…
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
…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.…
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 Appeal
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Application
…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 ..............…
Division and case type: CivilCivil Case
…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.…
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.…