[2023] KEELC 17484 (KLR)
The court held that while the general rule is that costs follow the event, this rule is subject to the court's discretion under Section 27(1) of the Civil Procedure Act. In exercising this discretion, the court considered the close family relationship between the parties and the fact that the dispute could have been...
Source-derived case information.
- Citation
- [2023] KEELC 17484 (KLR)
- Parties
- Plaintiff: Francis Ollaoh Nyabola; Defendant: Mary Atieno Ochola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Costs After Settlement
- Outcome
- Parties to bear their own costs; matter marked as settled.
- Judges
- AY Koross
- Legal Topics
- Costs Follow Event, Judicial Discretion, Amicable Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Ollaoh Nyabola
Plaintiff
Mary Atieno Ochola
Defendant
Procedural Posture
Environment and Land Case / Ruling on Costs After Settlement
Legal Issues
- 1 Whether costs should follow the event after a consent settlement between parties with close family relations.
- 2 Whether the court should exercise discretion to depart from the general rule on costs in special circumstances.
Ratio Decidendi
The court held that while the general rule is that costs follow the event, this rule is subject to the court's discretion under Section 27(1) of the Civil Procedure Act. In exercising this discretion, the court considered the close family relationship between the parties and the fact that the dispute could have been resolved amicably without litigation. The court found these to be special circumstances warranting a departure from the general rule and ordered that each party bear their own costs.
Court Disposition
Parties to bear their own costs; matter marked as settled.
Orders
- Each party shall bear their respective costs.
- The matter is marked as settled.
Full Case Text
Judgment text and source record
20 paragraphs
Nyabola v Ochola (Environment & Land Case E001 of 2023) [2023] KEELC 17484 (KLR) (23 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17484 (KLR)
Republic of Kenya
In the Environment and Land Court at Siaya
Environment & Land Case E001 of 2023
AY Koross, J
May 23, 2023
Between
Francis Ollaoh Nyabola
Plaintiff
and
Mary Atieno Ochola
Defendant
Ruling
1. Though the parties entered a consent on settlement of the case, they disagreed on costs. Both Counsels were in consensus that it is trite law that costs follow the event, it is discretory and the guiding provision of law is Section 27 (1) of the Civil Procedure Act.
2. The issue of contention between the parties was the intention of the plaintiff in filing the suit. He knew they are in-laws with a close family relationship. The issue could have been resolved amicably.
3. Having heard the counsels submissions, it is my considered view that it is settled law costs follow the event and the court has to consider the circumstances of each case in exercising its discretion. The plaintiff and defendant are close family relations and as this court has held in its previous decisions, in such special circumstances, each party shall bear their respective costs.
4. I hereby exercise my discretion and find that the parties herein shall bear their respective costs. It is so ordered.
5. The matter is marked as settled.
DELIVERED AND DATED AT SIAYA THIS 23RD DAY OF MAY 2023. HON. A. Y. KOROSSJUDGE23/05/2023Ruling delivered in the Presence of:Mr. Ooro F. for the plaintiffMr. Otieno for the defendantCourt assistant: Ishmael Orwa