[2018] KEELC 2456 (KLR)
The court found that the respondents acted in good faith by reversing the amendment before the hearing, thereby avoiding unnecessary litigation. The court also considered that the respondents are public institutions funded by taxpayers, and awarding costs against them would not serve the public good. Therefore, the...
Source-derived case information.
- Citation
- [2018] KEELC 2456 (KLR)
- Parties
- Applicant: Oloirien Group Ranch; Respondent: The Trans Mara West Sub-County Surveyor & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 319 of 2017
- Procedural Posture
- Judicial Review Application / Ruling on Costs After Withdrawal of Application
- Outcome
- Each party to bear its own costs.
- Judges
- MN Kullow
- Legal Topics
- Costs Award, Judicial Review Procedure, Area Index Map Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloirien Group Ranch
Applicant
The Trans Mara West Sub-County Surveyor & 3 Others
Respondent
Procedural Posture
Judicial Review Application / Ruling on Costs After Withdrawal of Application
Legal Issues
- 1 Whether the applicant or respondents should bear the costs of the withdrawn judicial review application.
- 2 Whether the respondents' reversal of the impugned amendment affects liability for costs.
Ratio Decidendi
The court found that the respondents acted in good faith by reversing the amendment before the hearing, thereby avoiding unnecessary litigation. The court also considered that the respondents are public institutions funded by taxpayers, and awarding costs against them would not serve the public good. Therefore, the court exercised its discretion to order that each party bear its own costs.
Court Disposition
Each party to bear its own costs.
Orders
- Each party shall bear its own costs in respect of the application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC CAUSE NO. 319 OF 2017
OLOIRIEN GROUP RANCH........................APPLICANT
-VERSUS-
THE TRANS MARA WEST SUB-COUNTY
SURVEYOR & 3 OTHERS.......................RESPONDENTS
RULING
The Applicant herein filed a Judicial Review Application for an order of Certiorari to quash the amendment effected by the respondents in the area index map in respect of Oloiren area alleging that the same was unilaterally amended. However, the said amendment was later unilaterally reversed by the respondents before the hearing of the Judicial Review Application subsequent to which the Judicial Review Application was withdrawn by the exparte Applicant.
It is on the above basis that the parties having by consent withdrawn the application that they could not agree on who is to bear the costs of the application. The exparte applicant argue that costs ordinarily follow the event and even though the respondent by amending the process they ought to pay the costs that was incurred in the application.
The respondent submitted that since they have reversed the decision and impugned the amendment they ought not to be condemned to pay costs.
I have read the submissions that were filed by counsel for the applicants and the respondents and I find that the award of costs in a matter is at the discretion of court as provided for under section 27 of the Civil Procedure Act. In the instant case I find that the respondents were acting in good faith when they reversed and impugned the amendment that they initially made and hence avoided the need to unnecessary litigate upon the issues that were complained about.
Further to the above the respondent and are public institution who are financed through the taxes that we all pay and I find that the award of costs to an applicant is outweighed by that of safeguarding the scarce resource used for the public good.
In view of the above and for the reasons stated above I order that each party shall bear its costs in respect of the application.
Orders accordingly.
DATED, SIGNED and DELIVERED in open court at NAROK on this 13th day of July, 2018.
MOHAMMED NOOR KULLOW
Judge
13/7/18
In the presence of:-
Mr Kimoni holding brief or O.M. Otieno for applicant
N/A for the respondents