[2025] KEHC 1144 (KLR)
The court found that since the plaintiff sought to withdraw the suit and the defendant had already filed their response and submissions, it was appropriate to mark the suit as withdrawn with costs to the defendant. The principle that costs follow the event applied, and there was no opposition from the plaintiff...
Source-derived case information.
- Citation
- [2025] KEHC 1144 (KLR)
- Parties
- Applicant: Peter Mwangi Kaironge; Respondent: KCB Bank Limited; Respondent: Legacy Auctioneering Services
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E004 of 2023
- Procedural Posture
- Commercial Case / Withdrawal Before Hearing
- Outcome
- Suit withdrawn with costs to the defendant.
- Judges
- DO Chepkwony
- Legal Topics
- Loan Repayment, Withdrawal of Suit, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwangi Kaironge
Applicant
KCB Bank Limited
Respondent
Legacy Auctioneering Services
Respondent
Procedural Posture
Commercial Case / Withdrawal Before Hearing
Legal Issues
- 1 Whether the suit should be withdrawn at the request of the plaintiff.
- 2 Whether costs should be awarded to the defendant upon withdrawal of the suit.
Ratio Decidendi
The court found that since the plaintiff sought to withdraw the suit and the defendant had already filed their response and submissions, it was appropriate to mark the suit as withdrawn with costs to the defendant. The principle that costs follow the event applied, and there was no opposition from the plaintiff regarding the award of costs. Therefore, the court exercised its discretion to grant costs to the defendant upon withdrawal of the suit.
Court Disposition
Suit withdrawn with costs to the defendant.
Orders
- The suit is marked as withdrawn with costs to the defendant.
Full Case Text
Judgment text and source record
21 paragraphs
Kaironge v KCB Bank Limited & another (Commercial Case E004 of 2023) [2025] KEHC 1144 (KLR) (29 January 2025) (Ruling)
Neutral citation: [2025] KEHC 1144 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case E004 of 2023
DO Chepkwony, J
January 29, 2025
Between
Peter Mwangi Kaironge
Applicant
and
KCB Bank Limited
1st Respondent
Legacy Auctioneering Services
2nd Respondent
Ruling
1. The matter was scheduled for mention for parties to confirm compliance of directions issued on 28/10/2024.
2. Upon listening to both counsel for the parties herein, the Plaintiff’s counsel has sought to have the suit withdrawn with no orders on costs since the Plaintiff has been serving the loan and there is no threat of execution.
3. The defendant’s counsel, Mr. Swaka has no objection to the matter being withdrawn save for the issue of/on costs. Mr. Swaka has sought to be awarded costs since they filed their response and submissions as directed by the court, to which the Plaintiff’s counsel has responded to say he has nothing to say meaning he is not opposed to the respondent being granted costs of the suit.
4. This being the case, and since it is trite that costs follow an event, the suit be and is hereby marked as withdrawn with costs to the defendant.It is so ordered.
RULING DELIVERED VIRTUALLY VIA MICROSOFT TEAMS, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF JANUARY, 2025. D.O CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantMs. Matu holding brief for Ms. Wanjiru counsel for PlaintiffMr. Swaka counsel for Defendant