[2016] KEHC 6784 (KLR)
The court found that since the defendant had incurred costs in defending the suit and in bringing the application for dismissal, and as the plaintiff did not oppose the dismissal but only contested costs, the general rule that costs follow the event should apply. There was no special reason to depart from this rule....
Source-derived case information.
- Citation
- [2016] KEHC 6784 (KLR)
- Parties
- Plaintiff: Nestle Kenya Ltd; Defendant: Kelvin & Hannington International Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 431 of 2009
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal of Suit
- Outcome
- Suit dismissed with costs to the defendant.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal of Suit, Costs Award, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nestle Kenya Ltd
Plaintiff
Kelvin & Hannington International Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal of Suit
Legal Issues
- 1 Whether the suit should be dismissed upon the defendant's application.
- 2 Whether costs should be awarded to the defendant upon dismissal of the suit.
Ratio Decidendi
The court found that since the defendant had incurred costs in defending the suit and in bringing the application for dismissal, and as the plaintiff did not oppose the dismissal but only contested costs, the general rule that costs follow the event should apply. There was no special reason to depart from this rule. Accordingly, the suit was dismissed with costs to the defendant, including the costs of the application.
Court Disposition
Suit dismissed with costs to the defendant.
Orders
- The suit is dismissed with costs to the defendant.
- The costs of the application are awarded to the defendant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
CIVIL CASE NO. 431 OF 2009
NESTLE KENYA LTD......................................................PLAINTIFF
VERSUS
KELVIN & HANNINGTON INTERNATIONAL LTD........DEFENDANT
R U L I N G
1. By a Notice of Motion application dated 13th October 2015 and filed herein on 16th November 2015 the Defendant applies to have the suit herein dismissed. The Plaintiff does not oppose the application for dismissal but submits that there should be no order on costs.
2. I have considered the submission on costs. It is clear that since the suit was filed in 2009 proceedings have taken place which involves costs to the Defendant, including this application. The old adage that in any suit, the costs follow the event cannot be avoided. I therefore allow the application by the Defendant dated 13th October 2015, and dismiss the suit herein with costs to the Defendant. The costs of this application shall also be for the Defendant.
Orders accordingly.
READ, DELIVERED AND DATED, AT NAIROBI THIS 19TH DAY OF FEBRUARY 2016.
E. K. O. OGOLA
JUDGE
Ruling Read in open court in the presence of:
Mr. Gitakan hb M/s Opio for Plaintiff
Mr. Musyoki for Defendant
Teresia Court Clerk