Mount Kenya Bottlers Limited & 3 others v Attorney General & 3 others (Petition 72 of 2011) [2024] KEHC 7779 (KLR) (Constitutional and Human Rights) (28 June 2024) (Ruling)

Facts

The petitioners filed a petition against the respondents in 2011, which was dismissed by Lenaola, J. The petitioners appealed to the Court of Appeal, which allowed the appeal with costs to the petitioners. The petitioners then filed a party and party bill of costs in this court, which was taxed but dismissed on the grounds that the Court of Appeal did not award costs in the High Court.

Issues

1. Whether the Court of Appeal awarded the petitioners costs for proceedings in this court

Reasoning

The Court of Appeal allowed the appeal with costs to the petitioners, but did not make an express order for costs in the proceedings before this court. The petitioners argued that costs were awarded for the appeal, but the Court of Appeal did not use the phrase 'appeal allowed in its entirety' to include all prayers in the memorandum of appeal.

Outcome

Reference dismissed with costs

Authorities cited