[2024] KEELC 13626 (KLR)
The court exercised its discretion under Section 27 of the Civil Procedure Act, considering the stage at which the proceedings were terminated and the lack of activity in the matter after the 1st defendant entered appearance. The court found that, given the early withdrawal of the suit and absence of substantive...
Source-derived case information.
- Citation
- [2024] KEELC 13626 (KLR)
- Parties
- Plaintiff: Joseph Ndinguri Mwangi; Defendant: Samson Kandie; Defendant: Baseline Logistics and Investments Company Limited; Defendant: Michael Njau Njoroge; Defendant: Peter Njuguna Njenga; Defendant: The Director of Surveys; Defendant: The Chief Land Registrar; Defendant: ACE Prestige Autos Limited t/a ACE Prestige Motors
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E135 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Costs After Withdrawal of Suit
- Outcome
- Each party to bear their own costs.
- Judges
- LN Mbugua
- Legal Topics
- Costs Award, Withdrawal of Suit, Discretion of Court, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ndinguri Mwangi
Plaintiff
Samson Kandie
Defendant
Baseline Logistics and Investments Company Limited
Defendant
Michael Njau Njoroge
Defendant
Peter Njuguna Njenga
Defendant
The Director of Surveys
Defendant
The Chief Land Registrar
Defendant
ACE Prestige Autos Limited t/a ACE Prestige Motors
Defendant
Procedural Posture
Environment and Land Case / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether the 1st and 2nd defendants are entitled to costs following the withdrawal of the suit by the plaintiff.
- 2 What is the appropriate order as to costs in the circumstances of this case.
Ratio Decidendi
The court exercised its discretion under Section 27 of the Civil Procedure Act, considering the stage at which the proceedings were terminated and the lack of activity in the matter after the 1st defendant entered appearance. The court found that, given the early withdrawal of the suit and absence of substantive proceedings, it was just for each party to bear their own costs. The court also referenced the need to promote reconciliation and the factors outlined in Cecilia Karuru Ngayu v Barclays Bank of Kenya & Another, ultimately determining that no party should be burdened with the other's costs in these circumstances.
Court Disposition
Each party to bear their own costs.
Orders
- Each party shall bear their own costs of the suit.
Full Case Text
Judgment text and source record
31 paragraphs
Mwangi v Kandie & 6 others (Environment & Land Case E135 of 2023) [2024] KEELC 13626 (KLR) (5 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13626 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E135 of 2023
LN Mbugua, J
December 5, 2024
Between
Joseph Ndinguri Mwangi
Plaintiff
and
Samson Kandie
1st Defendant
Baseline Logistics and Investments Company Limited
2nd Defendant
Michael Njau Njoroge
3rd Defendant
Peter Njuguna Njenga
4th Defendant
The Director of Surveys
5th Defendant
The Chief Land Registrar
6th Defendant
ACE Prestige Autos Limited t/a ACE Prestige Motors
7th Defendant
Ruling
1. This suit was filed via a plaint dated 30. 10. 2023, but a notice of withdrawal of the suit was filed on 8. 3.2024 and the suit was marked as withdrawn on 22. 4.2024. The 1st and 2nd defendants however prayed for costs, of which the court directed the parties to agree on the same failure to which, the court would give directions hence this ruling.
2. I have considered the record as well as the submissions proffered by the 1st defendant dated 1. 10. 2024. The 1st defendant contends that they were duly appointed in this matter hence they are entitled to costs.
3. The provisions of Section 27 of the Civil Procedure Act stipulate that costs of and incidental to all suits shall be in the discretion of the court or judge. In Cecilia Karuru Ngayu v Barclays Bank of Kenya & Another [2016] eKLR, the Court Outlined the conditions a court should adhere to in determining an award of Costs when it held as follows;“To my mind, in determining the issue of costs, the court is entitled to look at inter alia (i) the conduct of the parties, (ii) the subject of litigation, (iii) the circumstances which led to the institution of the proceedings, (iv) the events which eventually led to their termination, (v) the stage at which the proceedings were terminated, (vi) the manner in which they were terminated, (vii) the relationship between the parties and (viii) the need to promote reconciliation amongst the disputing parties pursuant to Article 159 (2) (c) of the Constitution.”
4. In the case at hand, I have taken into account the stage at which the proceedings were terminated. I find that the 1st defendant filed his memorandum to enter appearance on 27. 12. 2023. From that date to when the notice of withdrawal of the suit was filed on 8. 3.2024, no activity was undertaken in the matter. Thus taking into account the stage of these proceedings, I direct that each party shall bear their own costs of the suit.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5thDAY OF DECEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:M/s Nyambura for 1st DefendantCourt Assistant: Vena