[2023] KEELC 17963 (KLR)
The court granted the plaintiff's request to withdraw the suit as there was no opposition from the defendants. Applying section 27 of the Civil Procedure Act, the court held that costs follow the event. Since the defendants had participated in the proceedings by filing notices of appointment and responding to the...
Source-derived case information.
- Citation
- [2023] KEELC 17963 (KLR)
- Parties
- Plaintiff: Uptown Agencies Limited; Defendant: Kiambu County Government; Defendant: Kahawa Sukari Residents & Plot Owners Welfare Association (Represented Samuel Mwaniki Waithaka, Edward Kiganjo, Michael Mwiti & Joseph Kariuki)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn; costs awarded to defendants.
- Judges
- BM Eboso
- Legal Topics
- Withdrawal of Suit, Costs Award, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uptown Agencies Limited
Plaintiff
Kiambu County Government
Defendant
Kahawa Sukari Residents & Plot Owners Welfare Association (Represented Samuel Mwaniki Waithaka, Edward Kiganjo, Michael Mwiti & Joseph Kariuki)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the plaintiff's application to withdraw the suit should be granted.
- 2 Who should bear the costs of the withdrawn suit.
Ratio Decidendi
The court granted the plaintiff's request to withdraw the suit as there was no opposition from the defendants. Applying section 27 of the Civil Procedure Act, the court held that costs follow the event. Since the defendants had participated in the proceedings by filing notices of appointment and responding to the application, they were entitled to costs. The plaintiff was ordered to bear the costs of the suit, with the quantum to be agreed upon by the parties or, in default, to be taxed by the court's taxing officer.
Court Disposition
Suit withdrawn; costs awarded to defendants.
Orders
- The suit is marked as withdrawn.
- The plaintiff shall bear the costs of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
Uptown Agencies Limited v Kiambu County Government & another (Environment & Land Case 2 of 2023) [2023] KEELC 17963 (KLR) (2 February 2023) (Ruling)
Neutral citation: [2023] KEELC 17963 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 2 of 2023
BM Eboso, J
February 2, 2023
Between
Uptown Agencies Limited
Plaintiff
and
Kiambu County Government
1st Defendant
Kahawa Sukari Residents & Plot Owners Welfare Association (Represented Samuel Mwaniki Waithaka, Edward Kiganjo, Michael Mwiti & Joseph Kariuki)
2nd Defendant
Ruling
1In the absence of any opposition to the withdrawal, the plea is granted. This suit is marked withdrawn
2. On costs, the applicable principle is contained in section 27 of the Civil Procedure Act. The principle is that cost follow the event. The two defendants filed notices of appointment and responded to the application. In the circumstances, they are entitles to costs. The plaintiff will bear costs of the suit. Parties to agree on the quantum. In default the same to be taxed by the taxing officer of the court.
B M EBOSOJUDGE - 2/2/2023