[2018] KEELC 1573 (KLR)

[2018] KEELC 1573 (KLR)

The court held that, in the absence of an agreement on costs upon withdrawal of an application by consent, the general rule that costs follow the event applies. Therefore, the applicant is entitled to costs of the withdrawn application, to be taxed by the taxing master.

Source-derived case information.

Citation
[2018] KEELC 1573 (KLR)
Parties
Plaintiff: Savuka Tours and Safaris Ltd; Defendant: Peter Gatere and 7 Others
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Case Number
Environment & Land Case 202 of 2017
Procedural Posture
Ruling / Costs Determination After Withdrawal by Consent
Outcome
Costs of the application awarded to the applicant to be taxed by the taxing master.
Judges
MN Kullow
Legal Topics
Costs Award, Withdrawal of Application
Source Language
en
Civil Procedure Land and Property Costs Award Withdrawal of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Savuka Tours and Safaris Ltd

Plaintiff

Peter Gatere and 7 Others

Defendant

Procedural Posture

Ruling / Costs Determination After Withdrawal by Consent

Legal Issues

  1. 1 Whether costs should be awarded following the withdrawal of an application by consent where parties did not agree on costs.

Ratio Decidendi

The court held that, in the absence of an agreement on costs upon withdrawal of an application by consent, the general rule that costs follow the event applies. Therefore, the applicant is entitled to costs of the withdrawn application, to be taxed by the taxing master.

Court Disposition

Costs of the application awarded to the applicant to be taxed by the taxing master.

Orders

  • Costs of the application are awarded to the applicant to be taxed by the taxing master.