STAGS HEAD HOTEL LIMITED V. SUPADUKA NAKURU LIMITED

JUDGMENT OF THE COURT

Mr Githua has saved the time of this court by conceding that the defendant / appellant should have been given leave to defend as to the dispute amount, Kshs 830,000.00, as there were triable issues in relation to it. The only issue for one determination now is that of costs.

Mr A B Shah to whom we are as always, indebted for his clear and reasonable submissions, urged us to follow the order made by Wambuzi, P of this court’s predecessor in Pindoria Const Co v. Iron etc Co Civil Appeal, 16 of 1976, and give him the costs of his successful appeal while reserving the costs of proceedings in the High Court (which in that case was, in effect, a hearing by way of formal proof) to abide the decision on the trial.

In that case Mr Shah said the dilatoriness of the advocate concerned, Mr GS Pall, was shown by the fact that he did not apply to set aside for three months, whereas here Mr Owino Opiyo filed his application within two days. Moreover, Mr Shah said, Mr Owino Opiyo h…