[2017] KEELC 1091 (KLR)
The court found that the plaintiff's claims were resolved in his favour through the consent judgment and the land registrar's report, which settled the boundary dispute. The court considered the duration of the proceedings and the defendant's opposition to the application. Applying Section 27 of the Civil Procedure...
Source-derived case information.
- Citation
- [2017] KEELC 1091 (KLR)
- Parties
- Plaintiff: David Muriuki Kiugu; Defendant: Alex Mureithi Naaman
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 65 of 2012
- Procedural Posture
- Land and Property Dispute / Ruling on Costs After Consent Judgment
- Outcome
- Plaintiff awarded costs of the suit and the application, with interest at court rates from the date of the ruling.
- Legal Topics
- Boundary Disputes, Costs Award, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muriuki Kiugu
Plaintiff
Alex Mureithi Naaman
Defendant
Procedural Posture
Land and Property Dispute / Ruling on Costs After Consent Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to costs of the suit and the application dated 30.10.15.
- 2 Whether the defendant should bear the costs following the consent judgment and resolution of the boundary dispute.
Ratio Decidendi
The court found that the plaintiff's claims were resolved in his favour through the consent judgment and the land registrar's report, which settled the boundary dispute. The court considered the duration of the proceedings and the defendant's opposition to the application. Applying Section 27 of the Civil Procedure Act, the court held that costs generally follow the event, and there was no reason to depart from this principle. Therefore, the plaintiff was entitled to the costs of the suit and the application, with interest at court rates from the date of the ruling.
Court Disposition
Plaintiff awarded costs of the suit and the application, with interest at court rates from the date of the ruling.
Orders
- Defendant to pay the plaintiff the costs of the suit.
- Defendant to pay the plaintiff the costs in the application dated 30.10.15.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO 65 OF 2012
DAVID MURIUKI KIUGU...........................PLAINTIFF
VERSUS
ALEX MUREITHI NAAMAN.................DEFENDANT
R U L I N G
There is a consent Judgment recorded on 04:10:17 whereby all the issues in dispute in this suit are settled save the issue of costs of the suit and costs in the application dated 30. 10. 15.
The matter here in concerned a boundary dispute which was resolved by the filing of a report of the land Registrar dated 10. 11. 15.
I have considered all the issues raised herein as well as the Submissions of the parties.
As rightly submitted by the defendant, “costs are awarded at the unfettered discretion of the Court, subject to such conditions and limitations as may be prescribed…..”
Pursuant to provisions of Section 27 of the CPA “Costs of any action…. Shall follow the event ….”
I have taken into consideration the averments raised by the Plaintiff in paragraph 4 and 5 of the Plaint. The report of 10. 11:15 and the Consent orders of 04:10:17 put to rest Plaintiff’s claim whereby prayer a. b. and c in the plaint were allowed.
I have also taken into account the long period this matter has been in the court’s arena. To be precise, five years.
I have also considered that defendant had opposed the application dated 30:10:15 vide a Replying Affidavit of 19. 02. 16.
In the Circumstances, I find that Plaintiff is entitled to costs.
I therefore, order that defendant pays to the Plaintiff the Costs of the suit as well as costs in the application dated 30:10:15 with interest at Court rates. The interest to run from the date of delivery of this ruling.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT MERU THIS 8TH DAY OF NOVEMBER, 2017 IN THE PRESENCE OF:
CA:Janet/Haway
Mwiti H/B for Waigwa for Plaintiff
Gichuki H/B for Mutuma for Defendant
HON. L.N. MBUGUA
ELC JUDGE