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Real Deals Limited & 6 others v Kenya National Highways Authority & another [2017] KEHC 5143 (KLR)

[2017] KEHC 5143 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5143
Citation
[2017] KEHC 5143 (KLR)
Decided
15 June 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a previous judgmentCoramAct Farrell, Edmund Daviews.L., Gikonyo, Kuloba, Maphalala, Onyango Otieno, Ringera, Were Mr. Justice Mwera
Holding

The court found that the costs should have been awarded to the petitioners/applicants and upheld the award of costs to the successful litigants.

Facts

The case involves a dispute over costs awarded in a previous judgment consolidating petitions and judicial review applications.

Issues

  1. Whether costs should have been awarded to the petitioners/applicants
  2. Whether the court erred in not awarding costs to the successful litigants

Reasoning

The court considered the general rule on costs as provided in section 27 of the Civil Procedure Act and cited previous judicial pronouncements to determine that the costs should follow the event unless there is a good reason for the court to order otherwise.

Outcome

The court upheld the award of costs to the successful litigants.

Orders

  • Costs awarded to the successful litigants

Authorities cited

Legislation (1)
  • Civil Procedure Act
Cases cited (8)
  • Supermarine Handling Services Ltd vs. Kenya Revenue Authority Civil Appeal No. 85 of 2006
  • Morgan Air Cargo Limited vs. Evrest Enterprises Limited
  • Devram Manji Daltani vs. Danda
  • Impressa Ing Fortunato Federice vs. Nabwire
  • National Bank of Kenya Limited vs. Ndungu Njau
  • Firoze Sharok Hirji (Suing through his duly authorized Attorney Sharok Kher Mohammed Ali Hirji vs. Housing Finance Company of Kenya & Another
  • Abdulraham Adam Hassan vs. National Bank of Kenya Ltd
  • Mbogo Gatuiku vs. The A-G
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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