[2023] KEELC 18682 (KLR)
The court exercised its discretion under section 27(1) of the Civil Procedure Act to determine costs. Since both the plaintiff's suit and the defendants' counterclaim were withdrawn by consent, and the dispute was resolved through adoption of a Land Registrar's report, there was no prevailing party. No party filed...
Source-derived case information.
- Citation
- [2023] KEELC 18682 (KLR)
- Parties
- Plaintiff: Anthony Kipkorir Biegon; Defendant: Purity Wamuyu Gatua; Defendant: Esther Waigumo Ndaiga; Defendant: Embakasi Ranching Co. Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1177 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Costs After Withdrawal of Suit and Counterclaim
- Outcome
- Each party to bear their own costs of the suit and counterclaim.
- Judges
- LN Mbugua
- Legal Topics
- Costs Award, Withdrawal of Suit, Counterclaim, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Kipkorir Biegon
Plaintiff
Purity Wamuyu Gatua
Defendant
Esther Waigumo Ndaiga
Defendant
Embakasi Ranching Co. Ltd
Defendant
Procedural Posture
Environment and Land Case / Ruling on Costs After Withdrawal of Suit and Counterclaim
Legal Issues
- 1 Who should bear the costs of the suit and counterclaim after both were withdrawn by consent.
Ratio Decidendi
The court exercised its discretion under section 27(1) of the Civil Procedure Act to determine costs. Since both the plaintiff's suit and the defendants' counterclaim were withdrawn by consent, and the dispute was resolved through adoption of a Land Registrar's report, there was no prevailing party. No party filed submissions on costs as directed. In these circumstances, the court found it just that each party should bear their own costs of the suit and counterclaim.
Court Disposition
Each party to bear their own costs of the suit and counterclaim.
Orders
- Each party shall bear their own costs of the suit and the counterclaim.
Full Case Text
Judgment text and source record
22 paragraphs
Biegon v Gatua & 2 others (Environment & Land Case 1177 of 2016) [2023] KEELC 18682 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18682 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1177 of 2016
LN Mbugua, J
July 6, 2023
Between
Anthony Kipkorir Biegon
Plaintiff
and
Purity Wamuyu Gatua
1st Defendant
Esther Waigumo Ndaiga
2nd Defendant
Embakasi Ranching Co. Ltd
3rd Defendant
Ruling
1. On May 30, 2023, both the plaintiff’s suit as well as the counterclaim of the defendants were marked as withdrawn. This ruling is on costs. The parties were directed to file and serve their written submissions on costs simultaneously by June 14, 2023. However, there was no compliance with the aforementioned directions by the rival parties, hence there are no persuasive arguments proffered by the parties on the issue of costs.
2. The provisions of section 27 (1) of the Civil Procedure Actstipulate as follows;“Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid; ………………………………………………Provided that the costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall for good reason otherwise order”.
3. The event herein is that both the claim of the plaintiff as well as the counterclaim of the 1st & 2nd defendants were withdrawn. The court has also considered that the dispute between the parties came to an end through a consent, whereby a report of the Land Registrar was adopted herein. In the circumstances, I direct that each party shall bear their own costs of the suit and the counterclaim.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6THDAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Khayaga for PlaintiffMwangi DK for 1st and 2nd DefendantsCourt Assistant: Betsy