[2023] KEELC 20722 (KLR)
The court held that the general rule is that costs follow the event, as provided under Section 27 of the Civil Procedure Act. No special circumstances were demonstrated by the appellant to warrant a departure from this principle. The respondent, having engaged advocates and participated in the proceedings after...
Source-derived case information.
- Citation
- [2023] KEELC 20722 (KLR)
- Parties
- Appellant: Peter Njugunja Ngangi; Respondent: William Kuria Josiah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E088 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal and Costs
- Outcome
- Appeal withdrawn; appellant to bear costs.
- Judges
- BM Eboso
- Legal Topics
- Withdrawal of Appeal, Costs Award, Principle of Costs Follow Event
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njugunja Ngangi
Appellant
William Kuria Josiah
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the appellant should be allowed to withdraw the appeal without an order as to costs.
- 2 Whether the respondent is entitled to costs upon withdrawal of the appeal by the appellant.
Ratio Decidendi
The court held that the general rule is that costs follow the event, as provided under Section 27 of the Civil Procedure Act. No special circumstances were demonstrated by the appellant to warrant a departure from this principle. The respondent, having engaged advocates and participated in the proceedings after being served with the memorandum of appeal, incurred legal expenses. It would be unjust to deny the respondent costs after being brought to court by the appellant. Therefore, the appeal was marked as withdrawn, with the appellant ordered to bear the costs of the appeal.
Court Disposition
Appeal withdrawn; appellant to bear costs.
Orders
- This appeal is marked withdrawn.
- The appellant is to bear costs of the appeal.
Full Case Text
Judgment text and source record
18 paragraphs
Ngangi v Josiah (Environment and Land Appeal E088 of 2022) [2023] KEELC 20722 (KLR) (16 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20722 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment and Land Appeal E088 of 2022
BM Eboso, J
October 16, 2023
Between
Peter Njugunja Ngangi
Appellant
and
William Kuria Josiah
Respondent
Ruling
1. The appellant seeks to withdraw this appeal with no order as to costs. The respondent does not object to the intended withdrawal but insists on being awarded costs of the appeal.
2. The general principle on costs is that costs follow the event [see Section 27 of the Civil Procedure Act.] No special circumstances have been demonstrated to warrant a departure from the above general principle. Secondly, the court record shows that, upon being served with the memorandum of appeal, the respondent appointed advocates who have been attending court. The respondent will be expected to pay their legal charges. In the circumstances, it would be unfair to deny the respondent costs of the suit after being dragged into this court by the appellant.
3. For the above reasons, this appeal is marked withdrawn with the order that the appellant is to bear costs of the appeal.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 16TH DAY OF OCTOBER 2023B M EBOSOJUDGEIn the Presence of: -Appellant – Mr OyandoRespondent – Mr OnchiriCourt Assistant: Osodo/ Hinga