[2022] KEHC 2488 (KLR)
The court exercised its discretion on costs, noting that the parties had amicably resolved the substantive dispute and expedited the appeal process. In the interest of fairness and to alleviate the burden on the respondent, the court ordered that each party bear their own costs. The appeal was thus settled by...
Source-derived case information.
- Citation
- [2022] KEHC 2488 (KLR)
- Parties
- Appellant: Kingdom Bank Limited; Respondent: Mourice Ouma Nyandugu
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E024 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Costs After Settlement
- Outcome
- Appeal settled by consent; each party to bear their own costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Costs Award, Consent Judgment, Appeal Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kingdom Bank Limited
Appellant
Mourice Ouma Nyandugu
Respondent
Procedural Posture
Civil Appeal / Ruling on Costs After Settlement
Legal Issues
- 1 Whether costs should be awarded to any party following a consent settlement of the appeal.
Ratio Decidendi
The court exercised its discretion on costs, noting that the parties had amicably resolved the substantive dispute and expedited the appeal process. In the interest of fairness and to alleviate the burden on the respondent, the court ordered that each party bear their own costs. The appeal was thus settled by consent, and no further orders were necessary except for the closure of the file upon issuance of the decree.
Court Disposition
Appeal settled by consent; each party to bear their own costs; file closed.
Orders
- The appeal is settled by the consent reached on 19/10/2021.
- Each party shall bear their own costs of the appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. E024 OF 2021
CORAM: R. E. ABURILI - J.
KINGDOM BANK LIMITED.......................................................................APPELLANT
VERSUS
MOURICE OUMA NYANDUGU...............................................................RESPONDENT
(Being an Appeal from the Ruling and Order of Hon. Ong’ondo, Principal Magistrate
delivered on 1st July 2021 in Siaya Principal Magistrate’s Court Civil Case No. 02 of 2021)
RULING
1. This matter has been basically settled between the parties as per the consent of 19/10/2021. What remained was the issue of costs which has not been agreed upon.
2. Costs follow the event and are in the discretion of the court. However, as the parties have mutually agreed to solve the matter in an amicable manner and even fast tracked the appeal herein which was filed on 9/7/2021 and further conceded to a negotiated settlement which they are now engaged in, to alleviate the burden borne by the Respondent, I hereby order that each party bear their own costs of this appeal.
3. Accordingly, this appeal is hereby settled by the consent reached on 19/10/2021 with an order that each party bear their own costs of the appeal.
4. This file is closed, upon Decree being issued.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 31ST DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE