[2022] KEELC 878 (KLR)
The court held that since the Plaintiffs withdrew the suit after failing to obtain an injunction and provided no reasons to depart from the general rule, costs should follow the event. Therefore, the Plaintiffs are to pay the costs of the suit to the Defendant, as there was no justification to order otherwise.
Source-derived case information.
- Citation
- [2022] KEELC 878 (KLR)
- Parties
- Plaintiff: Veronica Nashipae Monirei; Plaintiff: Joyce Karato Monirei; Defendant: Redrock Investments Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- ? 43 of 2019
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal and Costs
- Outcome
- Plaintiffs to pay costs to the Defendant.
- Judges
- JE Gicheru
- Legal Topics
- Costs Follow Event, Withdrawal of Suit, Injunctions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Nashipae Monirei
Plaintiff
Joyce Karato Monirei
Plaintiff
Redrock Investments Limited
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal and Costs
Legal Issues
- 1 Should the Plaintiffs pay the costs of the suit after withdrawing their claim against the Defendant.
- 2 Is there any justification to depart from the general rule that costs follow the event.
Ratio Decidendi
The court held that since the Plaintiffs withdrew the suit after failing to obtain an injunction and provided no reasons to depart from the general rule, costs should follow the event. Therefore, the Plaintiffs are to pay the costs of the suit to the Defendant, as there was no justification to order otherwise.
Court Disposition
Plaintiffs to pay costs to the Defendant.
Orders
- Plaintiffs shall pay the costs of the suit to the Defendant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAJIADO
ELC SUIT NO. 43 OF 2019
(formerly Machakos ELC No. 435/2013)
VERONICA NASHIPAE MONIREI....................................1ST PLAINTIFF
JOYCE KARATO MONIREI..............................................2ND PLAINTIFF
-VERSUS-
REDROCK INVESTMENTS LIMITED...............................DEFENDANT
RULING
On 14/12/2021, Mr. Agina for the Plaintiffs withdrew the suit against the Defendant.
What remained was a determination of who pays the costs of the suit. The proviso to Section 27 (1)of theCivil Procedure Actprovides as follows;
“Provided that the costs of an action, cause or other matter or issue shall follow the event unless the Court or Judge shall for good reason otherwise order”.
In this case, the Plaintiffs filed this suit seeking an order of injunction and when it was not allowed, they lost interest.
I find that the Plaintiffs should pay costs to the Defendant because I find no reason at all to deviate from the general law that costs follow the event.
No reasons have been given as to why this Court should deviate from the general law on costs.
Order accordingly.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO 10TH DAY OF MARCH, 2022.
M.N. GICHERU
JUDGE