[2023] KEELC 20218 (KLR)
The court held that, in the absence of any objection, the suit should be marked as withdrawn as requested by the plaintiffs. On the issue of costs, the court applied the general principle that costs follow the event, meaning the plaintiffs, having initiated and then withdrawn the suit, should bear the costs incurred...
Source-derived case information.
- Citation
- [2023] KEELC 20218 (KLR)
- Parties
- Plaintiff: Mary Wangari Chira; Plaintiff: Florence Wanjiku Muchai; Plaintiff: Regina Wangui Mwaura; Defendant: Teresa Wambui Gakuo; Defendant: Dennis Mwaura Gakuo; Defendant: The Land Registrar, Kiambu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 093 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn; plaintiffs to bear costs.
- Judges
- BM Eboso
- Legal Topics
- Withdrawal of Suit, Costs Follow Event, Taxation of Costs, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wangari Chira
Plaintiff
Florence Wanjiku Muchai
Plaintiff
Regina Wangui Mwaura
Plaintiff
Teresa Wambui Gakuo
Defendant
Dennis Mwaura Gakuo
Defendant
The Land Registrar, Kiambu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the suit should be marked as withdrawn upon the plaintiffs' request.
- 2 Who should bear the costs of the withdrawn suit and how should the quantum be determined.
Ratio Decidendi
The court held that, in the absence of any objection, the suit should be marked as withdrawn as requested by the plaintiffs. On the issue of costs, the court applied the general principle that costs follow the event, meaning the plaintiffs, having initiated and then withdrawn the suit, should bear the costs incurred by the defendants. The quantum of such costs is to be determined by the taxing officer, as is standard procedure in withdrawn suits. The court therefore ordered the suit withdrawn and directed that the plaintiffs bear the costs, with the amount to be assessed by the taxing officer.
Court Disposition
Suit withdrawn; plaintiffs to bear costs.
Orders
- The suit is marked as withdrawn.
- The plaintiffs shall bear the costs of the withdrawn suit, to be assessed by the taxing officer.
Full Case Text
Judgment text and source record
27 paragraphs
Chira & 2 others v Gakuo & 2 others (Environment & Land Case 093 of 2021) [2023] KEELC 20218 (KLR) (19 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20218 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 093 of 2021
BM Eboso, J
September 19, 2023
Between
Mary Wangari Chira
1st Plaintiff
Florence Wanjiku Muchai
2nd Plaintiff
Regina Wangui Mwaura
3rd Plaintiff
and
Teresa Wambui Gakuo
1st Defendant
Dennis Mwaura Gakuo
2nd Defendant
The Land Registrar, Kiambu
3rd Defendant
Ruling
1. The plaintiff filed a notice of withdrawal of suit, dated September 18, 2023. Today, counsel for the plaintiffs has made an oral application to have this suit marked as withdrawn. She contends that she will be urging that the plaintiffs do pay only nominal costs.
2. Counsel for the 1st and 2nd defendants does not oppose the request save that he wants his two clients to be awarded costs of the suit. The position of the Attorney General is that he has no objection and that the quantum of costs is a matter for the taxing officer of the court.
3. In the absence of any objection, this suit is marked withdrawn. On costs, the general principle is that costs follow the event. On quantum, assessment of costs in a withdrawn suit is a matter for the taxing officer of the court. The defendants having been dragged to the court by the plaintiffs, the plaintiffs will bear costs of the suit.
4. Consequently, this suit is marked withdrawn. The plaintiff shall bear costs of the withdrawn suit.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 19TH DAY OF SEPTEMBER 2023B M EBOSOJUDGEIn the Presence of: -Mr Ngaira for the PlaintiffsMr Gachoka for the 1st DefendantMr Mwambonu for the 3rd DefendantCourt Assistant: Osodo