[2024] KEELC 616 (KLR)
The court found that the plaintiff is entitled to withdraw the suit as of right, as there was no counterclaim by the defendant and no legal bar to withdrawal. The only issue for the court's discretion was the award of costs. Considering that the matter had not progressed to hearing and had been referred to mediation...
Source-derived case information.
- Citation
- [2024] KEELC 616 (KLR)
- Parties
- Plaintiff: Chickoo Investments Limited; Defendant: ICD Mars Yard Services Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E258 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Application for Withdrawal of Suit
- Outcome
- Suit withdrawn with no orders as to costs.
- Judges
- LN Mbugua
- Legal Topics
- Withdrawal of Suit, Costs Award, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chickoo Investments Limited
Plaintiff
ICD Mars Yard Services Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit unconditionally.
- 2 Whether the court should make any orders as to costs upon withdrawal of the suit.
Ratio Decidendi
The court found that the plaintiff is entitled to withdraw the suit as of right, as there was no counterclaim by the defendant and no legal bar to withdrawal. The only issue for the court's discretion was the award of costs. Considering that the matter had not progressed to hearing and had been referred to mediation with no clear outcome, the court exercised its discretion to allow withdrawal with no orders as to costs.
Court Disposition
Suit withdrawn with no orders as to costs.
Orders
- The suit is withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Chickoo Investments Limited v ICD Mars Yard Services Limited (Environment & Land Case E258 of 2021) [2024] KEELC 616 (KLR) (12 February 2024) (Ruling)
Neutral citation: [2024] KEELC 616 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E258 of 2021
LN Mbugua, J
February 12, 2024
Between
Chickoo Investments Limited
Plaintiff
and
ICD Mars Yard Services Limited
Defendant
Ruling
1. An application has been made by plaintiffs counsel for the withdraw of the suit with no orders as to costs. No reasons have been advanced for this move save that the counsel for applicant had apparently engaged with defence counsel on the issue.
2. The defence counsel objects to the withdrawal of the suit on the basis that the issue of ownership has not been settled.
3. I have perused the record and I find that the defence of defendants doesn’t contain the counterclaim.
4. In the case of Shadrack Siila Muthama v Kabaso Wycliff Moengwe [2021] eKLR, it was stated that a party’s right to withdraw a suit before court cannot be taken away: see the provisions of order 25 rules (1) and 2 of the civil procedure Rules.
5. What the court can do is to determine the issue of costs. But again, a court has discretion to award costs. In the case at hand, I have considered that the matter though filed in 2021 had not progressed to hearing and that it had been referred for mediation. It is not certain as to what happened in the mediation arena. In that regard, I hereby allow the withdrawal of suit with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF FEBRUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Owino for PlaintiffChemutai holding brief for Kiarie for DefendantCourt assistant: Eddel