[2025] KEHC 17190 (KLR)
The court found that the omission to award costs and interest in the original judgment was a deliberate exercise of judicial discretion and not an error or mistake apparent on the face of the record. The Plaintiff's application for review did not meet the threshold for review under Order 45 Rule 1 of the Civil...
Source-derived case information.
- Citation
- [2025] KEHC 17190 (KLR)
- Parties
- Plaintiff: Locus Studio Limited; Defendant: Law Society of Kenya Housing Co-operative Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E266 of 2022
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application dismissed
- Judges
- JWW Mong'are
- Legal Topics
- Review of Judgment, Costs Award, Interest on Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Locus Studio Limited
Plaintiff
Law Society of Kenya Housing Co-operative Society Limited
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the omission to award costs and interest in the judgment constituted an error or mistake warranting review.
- 2 Whether the court has discretion to award costs and interest even where a party is successful.
Ratio Decidendi
The court found that the omission to award costs and interest in the original judgment was a deliberate exercise of judicial discretion and not an error or mistake apparent on the face of the record. The Plaintiff's application for review did not meet the threshold for review under Order 45 Rule 1 of the Civil Procedure Rules, as the grounds advanced related to the merits of the court's decision rather than a clerical or arithmetical error. The court reaffirmed that the decision not to award costs and interest was substantive and intentional, and there was nothing ambiguous or unclear in the judgment requiring clarification or correction. Consequently, the application for review was...
Court Disposition
application dismissed
Orders
- The Plaintiff's application for review is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Locus Studio Limited v Law Society of Kenya Housing Co-operative Society Limited (Commercial Case E266 of 2022) [2025] KEHC 17190 (KLR) (Commercial and Tax) (13 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17190 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Case E266 of 2022
JWW Mong'are, J
February 13, 2025
Between
Locus Studio Limited
Plaintiff
and
Law Society of Kenya Housing Co-operative Society Limited
Defendant
Ruling
1. On 16th September 2024, the court delivered judgment in this matter where the Plaintiff was awarded the sum of Kshs.1,000,000. 00/= on a quantum meruit basis. The Plaintiff has now filed the Notice of Motion dated 2nd October 2024 seeking to review the judgment on the ground that there was an error and/or mistake on the record as there was a lapse on the court’s part in making an order for costs and interest in its favour. The application is supported by the grounds on its face and the supporting affidavit of the Plaintiff’s Director, Tuesday Nyakango sworn on 1st October 2024. It is opposed by the Defendant through the Grounds of Opposition dated 2nd October 2024.
2. Despite though the court directed the parties to file written submissions, none have been filed. In any case, I will deal with the application as presented in the pleadings.
3. While it is correct that the Plaintiff sought for costs and interest in its Plaint and submissions, none were awarded as per the judgment of 16th September 2024. I am inclined to agree with the Defendant that the issue of awarding costs and interest was a matter of the court’s discretion and is not a right even though a party might have been successful in their case. The court’s decision not to render itself on or award costs and interest was deliberate and substantive and it was not a mistake or error on the face of the judgment. There is nothing to interpret or clarify and the words in the judgment speak for themselves.
4. I therefore find that the Plaintiff’s application seeking to review the judgment is not merited and the same is dismissed with no order as to costs.
DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI on this 13th DAY of FEBRUARY 2025………………………………..J.W.W. MONGAREJUDGEIn the Presence ofMs. Mwaura holding brief for AGN Kamau for the Plaintiffs/Applicants.Ms. Njoroge for the Defendants/Respondents.Amos - Court Assistant