https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5049
The appeal had been withdrawn by notice filed on the record, and because the respondent had incurred legal costs in resisting the appeal, the court applied the general rule that costs follow the event and ordered the appellant to bear the respondent’s costs.
Source-derived case information.
- Citation
- [2026] KEELC 5049 (KLR)
- Parties
- Appellant: Julius Matheta (Suing as the Legal Representative of the Estate of the late Janet Ciomithea Matheta); Respondent: Jeremiah Kobia M’Mwenda
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E011 of 2026
- Procedural Posture
- Environment and Land Court Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn; costs awarded to respondent
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Appeal, Costs Follow the Event, Interlocutory Application, Marking File as Closed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Matheta (Suing as the Legal Representative of the Estate of the late Janet Ciomithea Matheta)
Appellant
Jeremiah Kobia M’Mwenda
Respondent
Procedural Posture
Environment and Land Court Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be marked as withdrawn
- 2 Whether the respondent should be awarded costs of the withdrawn appeal
Ratio Decidendi
The appeal had been withdrawn by notice filed on the record, and because the respondent had incurred legal costs in resisting the appeal, the court applied the general rule that costs follow the event and ordered the appellant to bear the respondent’s costs.
Court Disposition
Appeal withdrawn; costs awarded to respondent
Orders
- The appeal is marked withdrawn.
- The appellant shall bear the respondent’s costs of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELC APPEAL NO. E011 OF 2026** **JULIUS MATHETA (*Suing as the Legal*** ***Representative of the Estate of the late*** ***JANET CIOMITHEA MATHETA*)................................APPELLANT** **=VERSUS=** **JEREMIAH KOBIA M’MWENDA............................ RESPONDENT** **RULING** **(EX-TEMPORE)** 1. The appellant brought this appeal on 30/1/2026 vide a memorandum of appeal dated 30/1/2026. In addition, the appellant brought a notice of motion dated 30/1/2026, seeking interlocutory orders in the appeal. 2. The respondent appointed ***M/s Katheru Elius Advocates*** who filed a notice of appointment dated 10/2/2026. They filed a preliminary objection dated 10/2/2026 and a replying affidavit dated 11/2/2026. In addition, they filed written submissions dated 12/2/2026. 3. The court heard the interlocutory application and disposed it vide a ruling dated 23/7/2026. The court listed the matter for directions on 29/7/2026. On 29/7/2026, it emerged that the appellant had filed a notice withdrawing this appeal wholly. Consequently, the court listed the matter for mention today for the purpose of adopting the withdrawal notice. 4. The appellant has not attended court today. It is, nonetheless, clear from the electronic record that the appellant’s advocates filed the notice of withdrawal. It is also evident from the court record that on 23/7/2026, soonafter the court rendered the ruling dated 23/7/2026, Mr Ngunjiri applied to have the appeal marked “withdrawn with no order as to costs”. 5. The court has looked at the filed notice of withdrawal. It appears the rider *“with no order as to costs”* was abandoned. 6. The general principle under **Section 27** of the **Civil Procedure Act** is that costs follow the event. Secondly, there is evidence on record that the respondent instructed a law firm to handle this appeal and the interlocutory application on its behalf. In the circumstances, it would be unfair to deny him costs of the withdrawn appeal. For the above reasons, the appellant will bear costs of the withdrawn appeal. 7. In the end, this appeal is marked “*withdrawn*”. It is further ordered that the appellant shall bear the respondent’s costs of the appeal. The file shall be marked “*case closed*”. It is so ordered. **DATED, SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF JULY, 2026.** **B M EBOSO [MR]** **JUDGE** **In the Presence of:** Mr Katheru for the Respondent Appellant – Absent Mr. E. Tupet – Court Assistant