[2016] KEELC 1143 (KLR)
The court accepted the Plaintiffs' application to withdraw the suit on the basis that the subject matter had been disposed of by sale to a third party, rendering the suit moot. In line with established legal principles, the court exercised its discretion to award costs to the Defendants, as they had been brought to...
Source-derived case information.
- Citation
- [2016] KEELC 1143 (KLR)
- Parties
- Plaintiff: J.S. Muriu; Plaintiff: G.K. Ruria; Plaintiff: Rodnick Minns; Defendant: The Kikoy Company Ltd; Defendant: Tatu Holdings Ltd; Defendant: Jonny Mydland; Defendant: Morlanne Holdimann
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 507 of 2008
- Procedural Posture
- Land and Property Suit / Withdrawal Before Hearing
- Outcome
- Suit withdrawn with costs to the Defendants.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Award, Land Dispute, Third Party Sale
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.S. Muriu
Plaintiff
G.K. Ruria
Plaintiff
Rodnick Minns
Plaintiff
The Kikoy Company Ltd
Defendant
Tatu Holdings Ltd
Defendant
Jonny Mydland
Defendant
Morlanne Holdimann
Defendant
Procedural Posture
Land and Property Suit / Withdrawal Before Hearing
Legal Issues
- 1 Whether the suit should be withdrawn following the sale of the subject land to a third party.
- 2 Whether costs should be awarded to the Defendants upon withdrawal of the suit.
Ratio Decidendi
The court accepted the Plaintiffs' application to withdraw the suit on the basis that the subject matter had been disposed of by sale to a third party, rendering the suit moot. In line with established legal principles, the court exercised its discretion to award costs to the Defendants, as they had been brought to court and incurred expenses in defending the suit. The absence of the Defendants at the hearing did not preclude the award of costs, as the Plaintiffs had expressly conceded to such an order. The withdrawal was thus granted and costs awarded to the Defendants.
Court Disposition
Suit withdrawn with costs to the Defendants.
Orders
- The suit is marked as withdrawn.
- Costs are awarded to the Defendants.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. 507 OF 2008
J.S. MURIU………………………………..1ST PLAINTIFF
G.K. RURIA…………………………….……2ND PLAINTIFF
RODNICK MINNS…………………….…….3RD PLAINTIFF
As Chairman, Secretary and Treasurer
Respectively of Tigoni Residents Association
VERSUS
THE KIKOY COMPANY LTD………………….1ST DEFENDANT
TATU HOLDINGS LTD…………………………2ND DEFENDANT
JONNY MYDLAND……………………………..3RD DEFENDANT
MORLANNE HOLDIMANN……………………4TH DEFENDANT
RULING
On 20th January 2015, Mr. R.M. Mutiso, the advocate for the Plaintiffs intimated as follows: -
He had instructions to withdraw the suit as the subject land had been sold to a third party.
Costs can be awarded to the Defendants.
The Defendants, even though they were aware of today’s hearing date, were not in court. In the circumstances, the suit is marked as withdrawn. Costs are awarded to the Defendants.
It is so ordered.
Delivered in open Court at Nairobi this 20thday of January, 2016 in the presence of: -
Court clerk – Daniel
R.M. Mutiso for the Plaintiffs
P.M. NJOROGE
JUDGE