[2009] KEHC 3611 (KLR)
The court found that it had made an error in awarding costs to the unsuccessful party after dismissing the application dated 5/6/2007. The general rule is that costs follow the event unless there are special reasons to depart from this principle. Since no reasons were given for awarding costs to the unsuccessful...
Source-derived case information.
- Citation
- [2009] KEHC 3611 (KLR)
- Parties
- Plaintiff: National Oil Corporation of Kenya Limited; Defendant: Roy Spares & Hauliers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 42 of 2006
- Procedural Posture
- Civil Case / Ruling on Application for Review of Costs Order
- Outcome
- Application for review allowed. Previous order on costs set aside. Costs of application dated 5/6/07 awarded to respondent. Costs of review application to be in the cause.
- Legal Topics
- Review of Court Orders, Award of Costs, Discretion of Court on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Oil Corporation of Kenya Limited
Plaintiff
Roy Spares & Hauliers Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review of Costs Order
Legal Issues
- 1 Whether the court erred in awarding costs to the unsuccessful party after dismissing the application dated 5/6/2007.
- 2 Whether the order on costs made on 18th November 2008 should be reviewed and set aside.
Ratio Decidendi
The court found that it had made an error in awarding costs to the unsuccessful party after dismissing the application dated 5/6/2007. The general rule is that costs follow the event unless there are special reasons to depart from this principle. Since no reasons were given for awarding costs to the unsuccessful party, the court reviewed and set aside the previous order on costs, awarding the costs of the application to the respondent instead. The costs of the review application were ordered to be in the cause.
Court Disposition
Application for review allowed. Previous order on costs set aside. Costs of application dated 5/6/07 awarded to respondent. Costs of review application to be in the cause.
Orders
- The order on costs made on 18th November 2008 is set aside.
- Costs of the application dated 5/6/07 shall be to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 42 of 2006
NATIONAL OIL CORPORATIONOF KENYA LIMITED ……PLAINTIFF
VERSUS
ROY SPARES & HAULIERS LTD........................................DEFENDANT
R U L I N G
Applications dated 30/1/09 and 16/5/09 were heard at the same time but separately.
Firstly, parties argued application dated 30/1/2009. Mr. Achachi addressed the court. Notice of motion seeks to review by setting aside the order of 18th November 2008 awarding costs to the defendant for the application dated 5/6/2007 which was dismissed. The order read:-
“The suit be struck out and/or dismissed”
The application was heard and the suit was not struck out or dismissed. The application was dismissed. However, upon dismissal of application the court proceeded to award costs to “applicant within 21 days”. I do notice the error. The court did not give reasons why the costs were to be awarded to the unsuccessful party. The rule is that the costs are in the discretion of the court and in all cases costs shall follow the event unless there are special reasons.
I therefore allow the review and order that the order on costs be set aside so that the “costs of application dated 5/6/07” shall be to respondent. However, the costs of this application shall be in the cause.
It is so ordered.
DATED and DELIVERED at Nairobi this 3rd day of June 2009.
JOYCE N. KHAMINWA
JUDGE