[2025] KEHC 7459 (KLR)

[2025] KEHC 7459 (KLR)

The court held that the award of costs upon withdrawal of an appeal is a matter of judicial discretion, guided by Section 27 of the Civil Procedure Act and relevant Supreme Court jurisprudence. The court considered that the appeal was not a public interest litigation, the parties had engaged the court on several occasions, and the respondent had incurred some costs in defending the matter. There was no evidence of abuse of process or conduct warranting a departure from the general rule that costs follow the event. Accordingly, the court found it fair and just to award the respondent the costs of the withdrawn appeal, assessed at Kshs. 20,000.

Citation
[2025] KEHC 7459 (KLR)
Parties
Appellant: Rumbidzai Sithole & Others; Respondent: Josphat Waithaka
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 May 2025
Case Number
Civil Appeal E642 of 2023
Procedural Posture
Civil Appeal / Ruling on Costs After Withdrawal of Appeal
Outcome
Respondent awarded costs of the withdrawn appeal; file marked as closed.
Judges
AC Mrima
Legal Topics
Costs Award, Withdrawal of Appeal, Judicial Discretion
Source Language
English
Civil Procedure Costs Award Withdrawal of Appeal Judicial Discretion

Case Brief

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Parties

Rumbidzai Sithole & Others

Appellant

Josphat Waithaka

Respondent

Procedural Posture

Civil Appeal / Ruling on Costs After Withdrawal of Appeal

Legal Issues

  1. 1 Whether costs should be awarded to the respondent upon withdrawal of the appeal by the appellants.
  2. 2 What principles govern the exercise of judicial discretion in awarding costs in withdrawn matters.

Ratio Decidendi

The court held that the award of costs upon withdrawal of an appeal is a matter of judicial discretion, guided by Section 27 of the Civil Procedure Act and relevant Supreme Court jurisprudence. The court considered that the appeal was not a public interest litigation, the parties had engaged the court on several occasions, and the respondent had incurred some costs in defending the matter. There was no evidence of abuse of process or conduct warranting a departure from the general rule that costs follow the event. Accordingly, the court found it fair and just to award the respondent the costs of the withdrawn appeal, assessed at Kshs. 20,000.

Court Disposition

Respondent awarded costs of the withdrawn appeal; file marked as closed.

Orders

  • The respondent is awarded the costs of the withdrawn appeal assessed at Kshs. 20,000.
  • File marked as closed.