[2005] KEHC 1082 (KLR)
The court found that, in the interest of justice, the dispute concerning land should be determined by the court. The application was allowed, with the condition that the applicant pays the respondent all throw away costs, either as agreed or as taxed. The decision was based on the need for judicial determination of...
Source-derived case information.
- Citation
- [2005] KEHC 1082 (KLR)
- Parties
- Appellant: James Kaluko Kyalo; Respondent: Karisa Charo Nyamawi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 55 of 1993
- Procedural Posture
- Civil Appeal / Ruling on Application for Determination of Dispute
- Outcome
- application allowed with costs to the respondent
- Legal Topics
- Land Dispute, Throw Away Costs, Court Determination, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kaluko Kyalo
Appellant
Karisa Charo Nyamawi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Determination of Dispute
Legal Issues
- 1 Whether the dispute relating to land should be determined by the court.
- 2 Whether the respondent is entitled to throw away costs.
Ratio Decidendi
The court found that, in the interest of justice, the dispute concerning land should be determined by the court. The application was allowed, with the condition that the applicant pays the respondent all throw away costs, either as agreed or as taxed. The decision was based on the need for judicial determination of land disputes and the principle that a party inconvenienced by an application is entitled to compensation through costs.
Court Disposition
application allowed with costs to the respondent
Orders
- The application is allowed.
- The applicant shall pay to the respondent all throw away costs to be agreed upon or taxed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA Civil Appeal 55 of 1993 JAMES KALUKO KYALO ……………………….………………….APPELLANT VERSUS KARISA CHARO NYAMAWI …………………….……………..RESPONDENT R U L I N G:
Upon hearing Counsel for the Applicant and upon reading the application, the grounds in support with affidavit and the Respondent’s grounds of opposition and authorities referred to, I am satisfied that in interest of justice the dispute should be determined by court. It relates to land.
The respondents shall be compensated in throw away costs. I therefore allow application and order the Applicant to pay to the Respondent all throw away costs to be agreed upon or taxed. Dated at Mombasa this 28th day of September 2005. J. KHAMINWA J U D G E Later after ruling is signed, Mr. Jengo appears.