Swaleh v Mohamed & others (Environment and Land Case E005 of 2026) [2026] KEELC 3417 (KLR) (19 May 2026) (Ruling)
The suit was withdrawn before a defence was filed and the defendants had done minimal work, so the court exercised its discretion under section 27 of the Civil Procedure Act to order that each party bears its own costs.
Source-derived case information.
- Citation
- [2026] KEELC 3417 (KLR)
- Parties
- Plaintiff: Abubakar Mohamed Swaleh; Defendant: Abdulwahid Abdulrahim Mohamed & others
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E005 of 2026
- Procedural Posture
- Environment and Land Case / Ruling on Costs After Withdrawal of Suit
- Outcome
- Each party to bear its own costs.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Costs, Withdrawal of Suit, Section 27 Civil Procedure Act, Early Termination of Proceedings, Alternative Dispute Resolution
- 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
Defendant
Procedural Posture
Environment and Land Case / 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 its own costs despite the general rule under section 27 of the Civil Procedure Act.
Ratio Decidendi
The suit was withdrawn before a defence was filed and the defendants had done minimal work, so the court exercised its discretion under section 27 of the Civil Procedure Act to order that each party bears its own costs.
Court Disposition
Each party to bear its own costs.
Orders
- Each party shall bear their own costs of the suit.
Full Case Text
Judgment text and source record
1 paragraphs
Swaleh v Mohamed & others (Environment and Land Case E005 of 2026) [2026] KEELC 3417 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEELC 3417 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Environment and Land Case E005 of 2026 FM Njoroge, J May 19, 2026 Between Abubakar Mohamed Swaleh Plaintiff and Abdulwahid Abdulrahim Mohamed & others Defendant 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 Magolo informed the court that his client had decided to have the matter withdrawn and had issued him with instructions to that effect.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 NJOROGEJUDGE, ELC, MALINDI.