REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL & ADMIRALTY DIVISION HCCC NO. 36 OF 2019 ORANGE DEMOCRATIC MOVEMENT..............................................PLAINTIFF VERSUS ULTIMATE ENGINEERING LIMITED........................................... DEFENDANT RULING 1. Costs follow the event. 2. Costs in this matter were ordered to the Defendant when this suit was withdrawn by the Plaintiff. 3. The pecuniary value of the subject matter is known and agreed. It is Kshs.170,000,000.00. The matter was not defended. No Defence was filed. 4. For that reason instruction fee on party and party costs would be Kshs.2,582,500.00. When the Defence counsel asks for Kshs.500,000.00 only as costs then he is reasonable. In fact generous. 5. I am inclined to order costs on the offer of Kshs.500,000.00 made by the Defence. That is my order on costs. Dated, Signed and Delivered in Court at Nairobi this 2nd Day of December, 2019 F. TUIYOTT JUDGE PRESENT; Makori for Oluoch for the Plaintiff Olewe for the Defendant Court Assistant: Nixon
Original judgment
Orange Democratic Movement & 1 other v Ultimate Engineering Limited
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