Case law
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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
…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.…
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 Suit
…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.…
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
…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
…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.…
Division and case type: CivilCivil Appeal
…We allow the same with costs to the appellant. Dated and delivered at Nyeri this 16th May, 1996. J.E. GICHERU ....................................... JUDGE OF APPEAL R.O.…
Division and case type: CivilCivil Case
…The Defendants state that the plaintis suit has no basis and urges the court to dismiss the same with costs. The Evidence 12.…
…Justice Gikonyo stated:- “In spite of lack of receipts this court ought not to turn a blind eye to the fact that there were funeral costs incurred as a result of the burial of the deceased.…
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.…
Division and case type: CivilCivil Appeal
…In the event that the Supreme Court eventually found in favour of the applicants, it would be impossible to compensate them by way of costs.…
…In the event that the Supreme Court eventually found in favour of the applicants, it would be impossible to compensate them by way of costs.…
Division and case type: CivilCivil Appeal
…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).…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilMiscellaneous 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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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 .....................…
Division and case type: CivilCivil Appeal
…I make no orders as to costs. Dated, Signed and Delivered at Nakuru this 2nd day of December, 2011. W. OUKO JUDGE…
Division and case type: CivilCivil Case
…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…