[2025] KEELC 5128 (KLR)
The court held that, in accordance with Section 27 of the Civil Procedure Act, costs ordinarily follow the event, meaning the successful party is entitled to costs unless there is a good reason to order otherwise. In this case, the applicants withdrew the suit after being evicted from the land and did not provide...
Source-derived case information.
- Citation
- [2025] KEELC 5128 (KLR)
- Parties
- Applicant: Douglas Wanyaga Gichuki; Applicant: Esther Nyambura Gikonyo; Respondent: Church Commissioner Of Kenya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E017 of 2023
- Procedural Posture
- Environmental and Land Originating Summons / Ruling on Costs After Withdrawal of Suit
- Outcome
- Costs awarded to the respondent upon withdrawal of suit by applicants.
- Judges
- MN Gicheru
- Legal Topics
- Costs Follow Event, Withdrawal of Suit, Land Eviction, Court Discretion on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Wanyaga Gichuki
Applicant
Esther Nyambura Gikonyo
Applicant
Church Commissioner Of Kenya
Respondent
Procedural Posture
Environmental and Land Originating Summons / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether the respondent is entitled to costs following the withdrawal of the suit by the applicants.
- 2 Whether there exists good reason to depart from the general rule that costs follow the event.
Ratio Decidendi
The court held that, in accordance with Section 27 of the Civil Procedure Act, costs ordinarily follow the event, meaning the successful party is entitled to costs unless there is a good reason to order otherwise. In this case, the applicants withdrew the suit after being evicted from the land and did not provide any reason, good or otherwise, as to why the respondent should not be awarded costs. The court found no justification to depart from the established rule and precedent. Therefore, the respondent was awarded the costs of the suit.
Court Disposition
Costs awarded to the respondent upon withdrawal of suit by applicants.
Orders
- The costs of the suit are awarded to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
Gichuki & another v Church Commissioner of Kenya (Enviromental and Land Originating Summons E017 of 2023) [2025] KEELC 5128 (KLR) (8 July 2025) (Ruling)
Neutral citation: [2025] KEELC 5128 (KLR)
Republic of Kenya
In the Environment and Land Court at Muranga
Enviromental and Land Originating Summons E017 of 2023
MN Gicheru, J
July 8, 2025
Between
Douglas Wanyaga Gichuki
1st Applicant
Esther Nyambura Gikonyo
2nd Applicant
and
Church Commissioner Of Kenya
Respondent
Ruling
1. This ruling is on whether the Defendant is entitled to costs or not. On 18-2-2025 the Plaintiffs’ counsel withdrew the suit on the grounds that his clients had been evicted from the land and a church built thereon.Only the Respondent’s counsel filed written submissions. No submissions were filed by or on behalf of the Plaintiffs.
2. The proviso to Section 27 of the Civil Procedure Act provides as follows.Provided that the costs of any action, cause or other matter or issue shall follow the event unless the Court or Judge shall for good reason otherwise order.”The Court should always let the costs follow the event such that the party that has been brought to court unwilling should be paid costs in the event that the case is withdrawn or dismissed.The only time that this rule should not be followed is where there is a good reason.The Plaintiffs counsel did not give any reason, let alone a bad one, as to why the costs should not follow the event.There being no good reason to deviate from the precedent and practice, I award the costs of the suit to the Respondent.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 8TH DAY OF JULY, 2025. M.N. GICHERU JUDGE.Delivered online in the presence of; -Court Assistant – Mwangi Njonjo1st Plaintiff’s Counsel – Absent2nd Plaintiff’s Counsel - AbsentDefendant’s Counsel – Mr Gichuki