https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3178
The suit was withdrawn before a defence was filed, the defendants had done minimal work, and the plaintiff’s early withdrawal was commendable; therefore, the court exercised its discretion to depart from the default rule on costs and ordered each party to bear its own costs.
Source-derived case information.
- Citation
- [2026] KEELC 3178 (KLR)
- Parties
- Plaintiff: ABUBAKAR MOHAMED SWALEH; Defendants: ABDULWAHID ABDULRAHIM MOHAMED & OTHERS
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 26 of 2025
- Procedural Posture
- Environment and Land Court Civil Suit / Ruling on Costs After Withdrawal of Suit
- Outcome
- Each party bears its own costs.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Withdrawal of Suit, Costs, Early Settlement, Discretion on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ABUBAKAR MOHAMED SWALEH
Plaintiff
ABDULWAHID ABDULRAHIM MOHAMED & OTHERS
Defendants
Procedural Posture
Environment and Land Court Civil Suit / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether costs should follow the event after the plaintiff withdrew the suit at an early stage
- 2 Whether each party should bear own costs given the limited work done by the defendants
Ratio Decidendi
The suit was withdrawn before a defence was filed, the defendants had done minimal work, and the plaintiff’s early withdrawal was commendable; therefore, the court exercised its discretion to depart from the default rule on costs and ordered each party to bear its own costs.
Court Disposition
Each party bears its own costs.
Orders
- The suit having been withdrawn, no further substantive orders were made.
- Each party shall bear their own costs of the suit.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MALINDI** **ELC CASE NO. 26 OF 2025** **ABUBAKAR MOHAMED SWALEH ………………………..……PLAINTIFF** **VERSUS** **ABDULWAHID ABDULRAHIM** **MOHAMED & OTHERS ............................................................DEFENDANTS** **RULING** 1. On first day the matter came up for mention on 3/2/2026, Mr. Magolo informed the court that his client had decided to have the matter withdrawn and had issued him with instructions to that effect. The present matter was thus marked as withdrawn but parties could not agree on whether costs should be paid or not and the issue was left to this court. 2. **Section 27** of the Civil Procedure Act states that all costs shall follow the event save where the court orders otherwise. 3. It would be good for all parties to part amicably on all fronts, including on the issue of costs when a case is withdrawn at such an early stage. That is what the court intended to encourage the parties to do when the matter was withdrawn. 4. I find that the matter was withdrawn before a defence could be filed. The work on the suit by all the defendants was minimal; only a replying affidavit was filed to the motion dated **16/1/2026**. 5. Besides, the ability of the plaintiff to make that decision of withdrawal at an early stage rather than drag all the parties and court through the entire litigation is to be commended in the spirit of the present dispensation that encourages alternative dispute resolution. 6. Consequently, I order that each party shall bear their own costs of the suit. **Dated, signed** and **delivered** at **Malindi via electronic mail** on this **19th** day of **May 2026.**  **MWANGI NJOROGE** **JUDGE, ELC, MALINDI.**