[2019] KEELC 1960 (KLR)
The court found that the applicant was entitled to withdraw the suit as provided under Order 25 Rule 1 of the Civil Procedure Rules. In exercising its discretion on costs, the court considered the applicant's good faith in withdrawing the suit upon learning of the concluded ministerial appeal, as well as the...
Source-derived case information.
- Citation
- [2019] KEELC 1960 (KLR)
- Parties
- Applicant: Gilbert Joseph Kibunja alias Gilbert Joseph Kibunja alias Gilbert Joseph Kabunja; Respondent: The County Government of Tharaka Nithi; Respondent: Land Adjudication and Settlement Office Meru South Sub County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 02 of 2019
- Procedural Posture
- Miscellaneous Application / Withdrawal Ruling
- Outcome
- suit withdrawn; each party to bear own costs
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Orders, Land Adjudication, Ministerial Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Joseph Kibunja alias Gilbert Joseph Kibunja alias Gilbert Joseph Kabunja
Applicant
The County Government of Tharaka Nithi
Respondent
Land Adjudication and Settlement Office Meru South Sub County
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal Ruling
Legal Issues
- 1 Whether the applicant is entitled to withdraw the suit unconditionally.
- 2 Whether costs should be awarded to the respondents upon withdrawal of the suit.
Ratio Decidendi
The court found that the applicant was entitled to withdraw the suit as provided under Order 25 Rule 1 of the Civil Procedure Rules. In exercising its discretion on costs, the court considered the applicant's good faith in withdrawing the suit upon learning of the concluded ministerial appeal, as well as the applicant's financial status and the resource disparity between the parties. The court determined that each party should bear its own costs, marking the suit as withdrawn and ordering its removal from the register of pending cases.
Court Disposition
suit withdrawn; each party to bear own costs
Orders
- This suit is marked as withdrawn and should be removed from the register of pending ELC Cases at Chuka.
- Parties shall bear their own costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISC. APPLICATION CASE NO. 02 OF 2019
GILBERT JOSEPH KIBUNJA ALIAS GILBERT JOSEPH
KIBUNJA ALIAS GILBERT JOSEPH KABUNJA
VERSUS
THE COUNTY GOVERNMENT OF THARAKA NITHI.....1ST RESPONDENT
LAND ADJUDICATION AND SETTLEMENT
OFFICE MERU SOUTH SUB COUNTY.................................2ND RESPONDENT
RULING
1. This ruling concerns a notice of withdrawal of Chuka ELC Misc. Application No. 02 of 2019. The said notice reads as follows:
NOTICE OF WITHDRAWAL OF NOTICE OF MOTION DATED 20. 05. 2019
(UNDER ORDER 25 RULE 1 OF THE CIVIL PROCEDURE RULES)
TAKE NOTICE that the applicant herein Gilbert Joseph Kabunjia hereby withdraws the notice of motion dated 20th May, 2019 herein wholly with no orders as to costs from the date of this notice.
Dated at Thika this 8th day of July, 2019
2. The applicant’s advocate, Mr.Mungai Wainaina, asked the court to withdraw this suit and told the court that he had served the withdrawal notice upon the other parties.
3. Mr. Muthomi Gitari, holding brief for Mr. Murango Mwenda for the 1st respondent, told the court that Mr. Murango Mwenda was not opposed to the withdrawal of the suit. He, however, sought costs.
4. In his response, Mr. Mungai told the court that the withdrawal notice was filed in good faith and was intended to save precious judicial time. He told the court that when the application was filed, the applicant was not aware that the appeal at the ministerial level had been concluded. After being made aware of this circumstance, he advised his client, the applicant, accordingly. He also told the court that the applicant was a pauper who was trying to get justice against an institution which had vast resources.
5. Upon consideration of all facts and circumstances apposite to this matter, it is ordered as follows:
a) This suit is marked as withdrawn and should be removed from the register of pending ELC Cases at Chuka.
b) Parties shall bear their own costs.
Delivered in open Court at Chuka this 31st day of July, 2019 in the presence of:
CA: Ndegwa
Mungai present for the Applicant
Mwiti h/b Murango Mwenda for the 1st Respondent
P.M. NJOROGE
JUDGE