[2019] KEHC 12419 (KLR)
The court held that since the Plaintiff withdrew the suit and the Defendant did not file a defence, the Defendant was entitled to costs. Although the instruction fee based on the value of the subject matter would have been Kshs.2,582,500, the Defendant's counsel only sought Kshs.500,000 as costs. The court found...
Source-derived case information.
- Citation
- [2019] KEHC 12419 (KLR)
- Parties
- Plaintiff: Orange Democratic Movement; Defendant: Ultimate Engineering Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 36 of 2019
- Procedural Posture
- Civil Suit / Ruling on Costs After Withdrawal of Suit
- Outcome
- Costs awarded to the Defendant upon withdrawal of suit by Plaintiff.
- Judges
- F Tuiyott
- Legal Topics
- Costs Award, Withdrawal of Suit
- 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
Orange Democratic Movement
Plaintiff
Ultimate Engineering Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether the Defendant is entitled to costs following the withdrawal of the suit by the Plaintiff.
- 2 What is the reasonable quantum of costs to be awarded to the Defendant.
Ratio Decidendi
The court held that since the Plaintiff withdrew the suit and the Defendant did not file a defence, the Defendant was entitled to costs. Although the instruction fee based on the value of the subject matter would have been Kshs.2,582,500, the Defendant's counsel only sought Kshs.500,000 as costs. The court found this request reasonable and generous, and therefore awarded costs in the sum of Kshs.500,000 to the Defendant.
Court Disposition
Costs awarded to the Defendant upon withdrawal of suit by Plaintiff.
Orders
- The Plaintiff shall pay the Defendant Kshs.500,000 as costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
HCCC NO. 36 OF 2019
ORANGE DEMOCRATIC MOVEMENT..............................................PLAINTIFF
VERSUS
ULTIMATE ENGINEERING LIMITED........................................... DEFENDANT
RULING
1. Costs follow the event.
2. Costs in this matter were ordered to the Defendant when this suit was withdrawn by the Plaintiff.
3. The pecuniary value of the subject matter is known and agreed. It is Kshs.170,000,000. 00. The matter was not defended. No Defence was filed.
4. For that reason instruction fee on party and party costs would be Kshs.2,582,500. 00. When the Defence counsel asks for Kshs.500,000. 00 only as costs then he is reasonable. In fact generous.
5. I am inclined to order costs on the offer of Kshs.500,000. 00 made by the Defence. That is my order on costs.
Dated, Signed and Delivered in Court at Nairobi this 2nd Day of December, 2019
F. TUIYOTT
JUDGE
PRESENT;
Makori for Oluoch for the Plaintiff
Olewe for the Defendant
Court Assistant: Nixon