https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2887
The court allowed the plaintiff’s substantive claim to be withdrawn, but declined to determine costs summarily. It directed that the issue of costs be canvassed by affidavit evidence and brief oral submissions before a final determination is made.
Source-derived case information.
- Citation
- [2026] KEELC 2887 (KLR)
- Parties
- Plaintiff: Fave Gas Oil K Ltd; 1st Defendant: Meru County & Investment Development Corporation; 2nd Defendant: The County Government of Meru
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E007 of 2026
- Procedural Posture
- Environment and Land Case / Ruling on Oral Application for Withdrawal and Costs
- Outcome
- Suit withdrawn; costs reserved for determination later.
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Suit, Costs, Unopposed Withdrawal, Affidavit Evidence on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fave Gas Oil K Ltd
Plaintiff
Meru County & Investment Development Corporation
1st Defendant
The County Government of Meru
2nd Defendant
Procedural Posture
Environment and Land Case / Ruling on Oral Application for Withdrawal and Costs
Legal Issues
- 1 Whether the plaintiff’s suit should be marked as withdrawn.
- 2 Whether costs should be awarded to the defendants despite the plaintiff’s objection.
- 3 How the issue of costs should be determined.
Ratio Decidendi
The court allowed the plaintiff’s substantive claim to be withdrawn, but declined to determine costs summarily. It directed that the issue of costs be canvassed by affidavit evidence and brief oral submissions before a final determination is made.
Court Disposition
Suit withdrawn; costs reserved for determination later.
Orders
- The plaintiff’s substantive claim is marked withdrawn.
- Issue of costs to be canvassed through affidavit evidence to be tendered and exchanged within 20 days.
Full Case Text
Judgment text and source record
1 paragraphs
Fave Gas Oil K Ltd v Meru County & Investment Development Corporation & another (Environment and Land Case E007 of 2026) [2026] KEELC 2887 (KLR) (12 May 2026) (Ruling) Neutral citation: [2026] KEELC 2887 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Case E007 of 2026 BM Eboso, J May 12, 2026 Between Fave Gas Oil K Ltd Plaintiff and Meru County & Investment Development Corporation 1st Defendant The County Government of Meru 2nd Defendant Ruling (Ex-TemPore) 1.The plaintiff has made an oral application seeking to have this suit marked“Withdrawn with no order as to costs.”The defendants are not opposed to the withdrawal but they insist that they should be awarded costs of the suit. The plaintiff asserts that the defendants are not entitled to costs because they did not serve a single court document on the plaintiff and they are deemed not to have filed any response to the suit. 2.In the above circumstances, the plaintiff’s substantive claim is marked “withdrawn”. The issue of costs shall be canvassed through affidavit evidence to be tendered and exchanged within 20 days. The plaintiff shall file and serve their affidavit within 10 days. The defendants shall thereafter file and serve their affidavit within 10 days of service. Parties will tender brief oral submissions on the issue of costs on 3/6/2026. DATED SIGNED AND DELIVERED AT MERU THIS 12TH DAY OF MAY, 2026.B M EBOSO [MR]JUDGEIn the presence of:Ms. Nyokabi for the Plaintiff.Mr. Ikioo for the Defendants.Court Assistant – Mr. E. Tupet.