[2020] KEELC 3367 (KLR)
The court held that the defendants are entitled to the costs of the suit following the plaintiffs' withdrawal, except for applications where costs had already been awarded. The rationale is that withdrawal of a suit generally entitles the other party to costs, and the court found no reason to depart from this...
Source-derived case information.
- Citation
- [2020] KEELC 3367 (KLR)
- Parties
- Plaintiff: David Ngati; Plaintiff: Yuda Joseph; Plaintiff: Boniface Matheka; Plaintiff: James M. Ndeto; Plaintiff: Geofrey Ochanda & Others; Defendant: Embakasi Village Craft Curios & Jua Kali Association; Defendant: Nairobi Curios Jua Kali Association; Defendant: John Mutie; Defendant: Joseph Obonyo; Defendant: Julius Muange; Defendant: Andrew Mbithi; Defendant: Boniface Ombui; Defendant: Jemimah Kioko; Defendant: Joyce Musila; Defendant: Kyale Samba; Defendant: Junes Munananie; Defendant: Daniel Musembi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 614 of 2012
- Procedural Posture
- Land and Environment Case / Ruling on Application for Costs and Stay After Withdrawal of Suit
- Outcome
- Application allowed. Defendants awarded costs of the withdrawn suit. Proceedings in ELC Case No. 63 of 2018 stayed until costs are paid.
- Legal Topics
- Withdrawal of Suit, Costs Award, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ngati
Plaintiff
Yuda Joseph
Plaintiff
Boniface Matheka
Plaintiff
James M. Ndeto
Plaintiff
Geofrey Ochanda & Others
Plaintiff
Embakasi Village Craft Curios & Jua Kali Association
Defendant
Nairobi Curios Jua Kali Association
Defendant
John Mutie
Defendant
Joseph Obonyo
Defendant
Julius Muange
Defendant
Andrew Mbithi
Defendant
Boniface Ombui
Defendant
Jemimah Kioko
Defendant
Joyce Musila
Defendant
Kyale Samba
Defendant
Junes Munananie
Defendant
Daniel Musembi
Defendant
Procedural Posture
Land and Environment Case / Ruling on Application for Costs and Stay After Withdrawal of Suit
Legal Issues
- 1 Whether the defendants are entitled to costs following the withdrawal of the suit by the plaintiffs.
- 2 Whether proceedings in ELC Case No. 63 of 2018 should be stayed until costs in this suit are paid.
Ratio Decidendi
The court held that the defendants are entitled to the costs of the suit following the plaintiffs' withdrawal, except for applications where costs had already been awarded. The rationale is that withdrawal of a suit generally entitles the other party to costs, and the court found no reason to depart from this principle. The court further found it just to stay proceedings in ELC Case No. 63 of 2018 until the costs in the present suit are paid, to prevent abuse of process and ensure compliance with cost orders.
Court Disposition
Application allowed. Defendants awarded costs of the withdrawn suit. Proceedings in ELC Case No. 63 of 2018 stayed until costs are paid.
Orders
- Defendants are awarded the costs of the withdrawn suit, except for applications where costs were already awarded.
- Proceedings in ELC Case No. 63 of 2018 are stayed until the costs in this suit are paid.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CASE NO. 614 OF 2012
DAVID NGATI
YUDA JOSEPH
BONIFACE MATHEKA
JAMES M. NDETO
GEOFREY OCHANDA & OTHERS.............................................PLAINTIFFS
VERSUS
EMBAKASI VILLAGE CRAFT CURIOS & JUA KALI ASSOCIATION
NAIROBI CURIOS JUA KALI ASSOCIATION
JOHN MUTIE
JOSEPH OBONYO
JULIUS MUANGE
ANDREW MBITHI
BONIFACE OMBUI
JEMIMAH KIOKO
JOYCE MUSILA
KYALE SAMBA
JUNES MUNANANIE
DANIEL MUSEMBI........................................................................DEFENDANTS
RULING
The Plaintiffs filed a Notice of Withdrawal of Suit on 6/5/2019 indicating that they were withdrawing this suit to enable them prosecute ELC Case No. 63 of 2018 – David Ngati and 4 others v Elphaz Mutie and 7 Others. Following that withdrawal, the Defendants filed the application dated 7/6/2019 seeking costs of the withdrawn suit and stay of proceedings in ELC Case No. 63 of 2018 until the costs are paid. The application was supported by the affidavit of Owino Opiyo advocate who deponed to the number of times the matter came up for hearing.
The court notes that through the ruling delivered by Mutungi J. on 20/9/2013 the court awarded the Defendants the costs of the application dated 17/9/2012. In the ruling delivered on 28/2/2014, the court directed each party to bear its costs for the application dated 4/10/2013. Gacheru J. in her ruling of 7/9/2017 awarded the costs to the alleged contemnor, Joseph Onyango.
In light of the reason for the withdrawal of the suit, the court agrees with the Defendants that they are entitled to the costs of the suit following the withdrawal of the suit except for the applications in which the court already awarded costs.
Proceedings in ELC Case No. 63 of 2018 will be stayed until the costs in this suit are paid.
Dated and delivered at Nairobi this 25th day of February 2020
K.BOR
JUDGE
In the presence of:-
Ms. P. Wambua holding brief for Mr. Owino Opiyo for the Defendants
Mr. V. Owuor- Court Assistant
No appearance for the Plaintiffs