[2023] KEELC 18794 (KLR)
The court held that since the applicant withdrew the suit, the event in question is the withdrawal itself. According to Section 27 of the Civil Procedure Code, costs follow the event, and there is no reason to depart from this principle. Therefore, the respondents are entitled to costs, which are to be taxed by the...
Source-derived case information.
- Citation
- [2023] KEELC 18794 (KLR)
- Parties
- Applicant: Joseph Ngui Mwau Ndolo; Respondent: Nunu General Trading Company Limited; Respondent: Leonard Chege & 29 others; Respondent: Lumumba Mwau Ndolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E077 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn; respondents awarded costs.
- Judges
- LN Mbugua
- Legal Topics
- Withdrawal of Suit, Award of Costs, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ngui Mwau Ndolo
Applicant
Nunu General Trading Company Limited
Respondent
Leonard Chege & 29 others
Respondent
Lumumba Mwau Ndolo
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the respondents are entitled to costs following the withdrawal of the suit.
- 2 What is the proper procedure for awarding and taxing costs after withdrawal of a suit.
Ratio Decidendi
The court held that since the applicant withdrew the suit, the event in question is the withdrawal itself. According to Section 27 of the Civil Procedure Code, costs follow the event, and there is no reason to depart from this principle. Therefore, the respondents are entitled to costs, which are to be taxed by the taxing master in the usual manner. The suit is marked as closed, and the Deputy Registrar is to be moved accordingly.
Court Disposition
Suit withdrawn; respondents awarded costs.
Orders
- Respondents are awarded costs of the suit.
- Costs to be taxed by the taxing master in the usual manner.
Full Case Text
Judgment text and source record
23 paragraphs
Ndolo v Nunu General Trading Company Limited & 2 others (Environment and Land Appeal E077 of 2022) [2023] KEELC 18794 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18794 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Appeal E077 of 2022
LN Mbugua, J
July 13, 2023
Between
Joseph Ngui Mwau Ndolo
Applicant
and
Nunu General Trading Company Limited
1st Respondent
Leonard Chege & 29 others
2nd Respondent
Lumumba Mwau Ndolo
3rd Respondent
Ruling
1. I have heard the arguments of both sides.
2. Pursuant to the provisions of Section 27 of CPC costs follow events. In this case, the event was that the suit was withdrawn. In the circumstances, the respondents are awarded costs of the suit. The same to be taxed by the taxing master in the usual manner.
3. The Deputy Registrar to be moved accordingly.
4. For now, this suit is marked as closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 13TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Otieno for RespondentM/s Kariuki holing brief for Achach for AppellantCourt assistant: Eddel