[2020] KEELC 2999 (KLR)

[2020] KEELC 2999 (KLR)

The court held that while the general rule is that costs follow the event, the discretion of the court allows for a departure from this principle in appropriate circumstances. The plaintiff demonstrated a valid reason for coming to court, though she used the wrong procedure, and the withdrawal of the suit did not...

Source-derived case information.

Citation
[2020] KEELC 2999 (KLR)
Parties
Applicant: Paustina Auma Ojwang; Respondent: John Onyango Owangi; Respondent: James Odhiambo Owangi; Respondent: Joseph Omondi Onyango
Court
Environment and Land Court
Court Station
Environment and Land Court at Busia
Jurisdiction
Kenya
Case Number
Civil Case 14 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Costs Following Withdrawal of Suit
Outcome
Partial award of costs to defendants; each party to bear own costs for remainder except as previously ordered.
Judges
AA Omollo
Legal Topics
Adverse Possession, Limitation of Actions, Costs Award, Withdrawal of Suit
Source Language
en
Land and Property Civil Procedure Adverse Possession Limitation of Actions Costs Award Withdrawal of Suit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paustina Auma Ojwang

Applicant

John Onyango Owangi

Respondent

James Odhiambo Owangi

Respondent

Joseph Omondi Onyango

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Costs Following Withdrawal of Suit

Legal Issues

  1. 1 Whether the plaintiff should be condemned to pay costs upon withdrawal of the suit.
  2. 2 Whether the circumstances justify a departure from the general rule that costs follow the event.
  3. 3 Whether the defendants are entitled to full costs or only partial costs.

Ratio Decidendi

The court held that while the general rule is that costs follow the event, the discretion of the court allows for a departure from this principle in appropriate circumstances. The plaintiff demonstrated a valid reason for coming to court, though she used the wrong procedure, and the withdrawal of the suit did not allow the court to determine the merits of the parties' claims or breaches. The court found that awarding full costs to the defendants would be unjust, especially since the plaintiff had already been ordered to pay specific costs earlier in the proceedings. Therefore, the court exercised its discretion to award only half of the instruction fees to the defendants, maintained the...

Court Disposition

Partial award of costs to defendants; each party to bear own costs for remainder except as previously ordered.

Orders

  • Plaintiff to pay half of the instruction fees to the defendants, to be agreed or taxed.
  • Costs awarded to the defendants by the ruling delivered on 6th December 2017 to be paid as is.