[2017] KEELC 2294 (KLR)
The court found that the plaintiff had properly filed a notice of withdrawal under Order 25 Rule 1 of the Civil Procedure Rules, 2010. The defendant did not oppose the withdrawal but requested costs. The court exercised its discretion to award costs to the defendant, noting the plaintiff's failure to comply with a...
Source-derived case information.
- Citation
- [2017] KEELC 2294 (KLR)
- Parties
- Plaintiff: Mugo & Gatungo Ltd; Defendant: Mutegi Mugwetwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 24 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn and marked as settled; costs awarded to the defendant.
- Legal Topics
- Withdrawal of Suit, Costs Award, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugo & Gatungo Ltd
Plaintiff
Mutegi Mugwetwa
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit under Order 25 Rule 1 of the Civil Procedure Rules, 2010.
- 2 Whether the defendant is entitled to costs upon withdrawal of the suit by the plaintiff.
Ratio Decidendi
The court found that the plaintiff had properly filed a notice of withdrawal under Order 25 Rule 1 of the Civil Procedure Rules, 2010. The defendant did not oppose the withdrawal but requested costs. The court exercised its discretion to award costs to the defendant, noting the plaintiff's failure to comply with a prior order to comply with Order 11 of the Civil Procedure Rules. The suit was accordingly marked as withdrawn and settled, with costs to the defendant.
Court Disposition
Suit withdrawn and marked as settled; costs awarded to the defendant.
Orders
- The suit is withdrawn and marked as settled.
- Costs are awarded to the defendant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 24 OF 2017
FORMERLY MERU ELC CASE NO.86 OF 2016
MUGO & GATUNGO LTD…….....………………………….....PLAINTIFF
VERSUS
MUTEGI MUGWETWA …………………………….……….DEFENDANT
RULING
1. On 12th July, 2017 the firm of Wanja & Kibe for the plaintiff filed a notice of withdrawal pursuant to Order 25 Rule 1 of the Civil Procedure Rules, 2010 which notice was in the following terms:
“NOTICE OF WITHDRAWAL
(Order 25, Rule 1 of the Civil Procedure Rules, 2010)
TAKE NOTICE that pursuant to the above order, the plaintiff hereby withdraws the suit.”
2. The court notes that in a ruling dated 22nd March, 2017, at paragraph 7, the plaintiff was ordered to fully comply with order 11, Civil Procedure Rules, within 30 days. It is clear that the plaintiff did not comply with this order.
3. On 12. 7.2017 when the matter came up for directions, the Notice of Withdrawal of the suit was brought to the attention of the court. Mr Murimi, for the defendant indicated that the defendant was not opposed to the withdrawal but sought costs.
4. This suit is withdrawn and marked as settled.
5. Costs are awarded to the defendant.
6. It is so ordered.
Delivered in open court at Chuka this 12th day of July, 2017 in the presence of:
CA: Ndegwa
Ashava h/b Murimi Murango for the defendant
P. M. NJOROGE,
JUDGE.