[2000] KEHC 406 (KLR)
The court found that since the defendant did not pay the sum of Kshs 225,000 until after the suit was filed, the plaintiff was the successful party. Applying section 27 of the Civil Procedure Act, the court held that costs should follow the event, and thus the defendant should bear the costs of the suit.
Source-derived case information.
- Citation
- [2000] KEHC 406 (KLR)
- Parties
- Plaintiff: M. S. Chwala; Defendant: Joe Mc’Mullen
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 36 of ??
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff on costs; costs to be borne by the defendant.
- Legal Topics
- Costs Award, Consent Orders, Land Sale Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M. S. Chwala
Plaintiff
Joe Mc’Mullen
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to recover the sum of Kshs 225,000 from the defendant.
- 2 Who should bear the costs of the suit after a consent order was entered regarding payment of the principal sum.
Ratio Decidendi
The court found that since the defendant did not pay the sum of Kshs 225,000 until after the suit was filed, the plaintiff was the successful party. Applying section 27 of the Civil Procedure Act, the court held that costs should follow the event, and thus the defendant should bear the costs of the suit.
Court Disposition
Judgment for the plaintiff on costs; costs to be borne by the defendant.
Orders
- The defendant shall bear the costs of the suit.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
M. S. Chwala v Joe Mc’mullen
High Court of Kenya at Nairobi July 3, 2000
Milimani Commercial Courts
T Mbaluto, Judge
Civil Case No. 36 Of 2000
July 3, 2000 T Mbaluto, Judge delivered the following judgment.
July 3, 2000 T Mbaluto, Judge delivered the following judgment. On January 14, 2000, the plaintiff filed this suit against one Joe Mc’Mullen seeking to recover the sum of Kshs 225,000 which sum the said Mc’Mullen had undertaken to pay to the plaintiff in the course of a transaction involving land. After the suit had been filed, the parties entered into a consent order whereby the sum of Kshs 225,000 due to the plaintiff from the defendant was to be paid from the proceeds of a sale transaction involving land parcel known as L R 330/928. Under the consent order, the issue of costs was to be either agreed or decided by this court.
By virtue of section 27 of the Civil Procedure Act, the costs of any action shall follow the event. As the said sum of money was not paid until after the suit had been filed, I consider the plaintiff to have been the successful party. Accordingly, in exercise of the powers conferred by that section, the costs of the suit shall be borne by the defendant.