[2020] KEELC 3931 (KLR)
The court found that the parties had, by consent, agreed to the withdrawal of the bill of costs dated 9th December, 2019, as an alternative to amending the bill to correct a typographical error in the value of the subject matter. The court accepted the consent of the parties and marked the bill of costs as...
Source-derived case information.
- Citation
- [2020] KEELC 3931 (KLR)
- Parties
- Plaintiff: Mutegi Mugwetwa; Defendant: County Ministry of Lands, Physical Planning, Energy & ICT County Government of Tharaka Nithi; Defendant: County Government of Tharaka Nithi; Defendant: The Director General (Kenya Urban Rural Authority); Defendant: Kenya Urban Roads Authority; Defendant: The Regional Manager-Upper Eastern (Kenya Urban Roads Authority); Defendant: Territorial Works (K) Ltd; Interested Party: Chuka Igambang'ombe Development Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Withdraw Bill of Costs
- Outcome
- bill of costs withdrawn by consent, no order as to costs
- Legal Topics
- Bill of Costs, Amendment of Pleadings, Instruction Fees, Typographical Error, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mutegi Mugwetwa
Plaintiff
County Ministry of Lands, Physical Planning, Energy & ICT County Government of Tharaka Nithi
Defendant
County Government of Tharaka Nithi
Defendant
The Director General (Kenya Urban Rural Authority)
Defendant
Kenya Urban Roads Authority
Defendant
The Regional Manager-Upper Eastern (Kenya Urban Roads Authority)
Defendant
Territorial Works (K) Ltd
Defendant
Chuka Igambang'ombe Development Association
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Withdraw Bill of Costs
Legal Issues
- 1 Whether the 1st and 2nd defendants should be granted leave to amend or withdraw the bill of costs due to a typographical error in the value of the subject matter.
- 2 Whether the withdrawal of the bill of costs should be allowed by consent of the parties.
Ratio Decidendi
The court found that the parties had, by consent, agreed to the withdrawal of the bill of costs dated 9th December, 2019, as an alternative to amending the bill to correct a typographical error in the value of the subject matter. The court accepted the consent of the parties and marked the bill of costs as withdrawn, with no order as to costs. The court did not find it necessary to address the merits of the amendment application, as the withdrawal was agreed upon by all parties. The ruling thus turned on the parties' consent and the absence of any objection or prejudice to any party.
Court Disposition
bill of costs withdrawn by consent, no order as to costs
Orders
- The 1st and 2nd applicants' bill of costs dated 9th December, 2019 is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 215 OF 2017
FORMERLY MERU ELC. 08 OF 2015
FORMERLY EMBU ELC. 266 OF 2015
MUTEGI MUGWETWA...............................................................PLAINTIFF
VERSUS
COUNTY MINISTRY OF LANDS, PHYSICAL
PLANNINGENERGY & ICT COUNTY
GOVERNMENT OF THARAKA NITHI............................1ST DEFENDANT
COUNTY GOVERNMENT OF THARAKA NITHI.........2ND DEFENDANT
THE DIRECTOR GENERAL
(KENYA URBAN RURAL AUTHORITY).........................3RD DEFENDANT
KENYA URBAN ROADS AUTHORITY............................4TH DEFENDANT
THE REGIONAL MANAGER-UPPER
EASTERN (KENYA URBAN ROADS AUTHORITY).....5TH DEFENDANT
TERRITORIAL WORKS (K) LTD.....................................6TH DEFENDANT
AND
CHUKA IGAMBANG’OMBE
DEVELOPMENT ASSOCIATION..............................INTERESTED PARTY
RULING
1. This application is dated 23rd January, 2020 and seeks orders:
1. The application be certified urgent and be heard on priority basis.
2. That the honourable court be pleased to arrest or/and suspend the ruling of the Deputy Registrar slated for delivery on the 26. 3.2020 pending the hearing and determination of this application.
3. Leave be granted to the 1st and 2nd applicants/defendants to amend item No. 1 in the Bill of Costs dated 9. 12. 2019 and filed in court on the 16. 12. 2019, as per the attached amended draft bill of costs.
In the alternative to prayer No. 3 hereinabove, the 1st and 2nd applicants be granted leave to withdraw bill of costs dated 9. 12. 2019.
4. Costs of the application be in the cause.
2. The application has the following grounds:
i) There is a typing error on the value of subject matter
ii) That the value of the subject matter was typed as Kshs.2,005,000/= instead of Kshs.200,000,000/=
iii) That the error is purely typographical and amending the figure will not prejudice any party.
iv) That the amendment is necessary for purposes of determining the real question in controversy, which is the amount of instruction fees taxable.
3. On 27th January, 2020, the parties, by consent, agreed that the court can grant limb 2 of the prayers that is: In the alternative to prayer 3 herein above, the 1st and 2nd applicants be granted leave to withdraw the bill of costs dated 9. 12. 2019.
4. In the circumstances, the 1st and 2nd applicants’ bill of costs dated 9th December, 2019 is hereby marked as withdrawn with no order as to costs.
Delivered in open court at Chuka this 27th day of January, 2020
in the presence of:
CA: Ndegwa
Murango Mwenda for the Applicant
Murimi Murango for the Respondent
P. M. NJOROGE,
JUDGE.