[2025] KEHC 8808 (KLR)
The court held that since the applicant withdrew the application, she is liable to pay the respondents' costs, as she was the party who brought them to court. While the respondents sought Ksh.35,000/=, the court considered the value of the underlying claim (Ksh.300,000/=) and the effort expended by the respondents...
Source-derived case information.
- Citation
- [2025] KEHC 8808 (KLR)
- Parties
- Applicant: Mercy Nyambura Watare; Respondent: Fredrick Ndichu Nyaga; Respondent: Christopher Njanja Murimi
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E023 of 2024
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Withdrawal and Costs
- Outcome
- Application withdrawn by applicant; costs awarded to respondents.
- Judges
- EM Muriithi
- Legal Topics
- Withdrawal of Application, Costs Award, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Nyambura Watare
Applicant
Fredrick Ndichu Nyaga
Respondent
Christopher Njanja Murimi
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the applicant should be permitted to withdraw the application and on what terms regarding costs.
- 2 What is the appropriate quantum of costs payable to the respondents upon withdrawal of the application.
- 3 Whether interest should be awarded on the assessed costs.
Ratio Decidendi
The court held that since the applicant withdrew the application, she is liable to pay the respondents' costs, as she was the party who brought them to court. While the respondents sought Ksh.35,000/=, the court considered the value of the underlying claim (Ksh.300,000/=) and the effort expended by the respondents in filing a detailed replying affidavit with attachments. The court exercised its discretion to assess costs at Ksh.25,000/=, payable within thirty days, and directed that interest at the court rate of 14% would accrue thereafter in accordance with section 27(2) of the Civil Procedure Act.
Court Disposition
Application withdrawn by applicant; costs awarded to respondents.
Orders
- The applicant shall pay the respondents Ksh.25,000/= as costs within thirty (30) days.
- Interest at court rates of 14% shall accrue on the costs after thirty days if unpaid.
Full Case Text
Judgment text and source record
23 paragraphs
Watare v Nyaga & another (Miscellaneous Civil Application E023 of 2024) [2025] KEHC 8808 (KLR) (19 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8808 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Miscellaneous Civil Application E023 of 2024
EM Muriithi, J
June 19, 2025
Between
Mercy Nyambura Watare
Applicant
and
Fredrick Ndichu Nyaga
1st Respondent
Christopher Njanja Murimi
2nd Respondent
Ruling
1. The Respondents do not oppose the application for withdrawal of the application subject to payment of costs of 35,000/=.
2. Costs follow in the event and that the applicant, having withdrawn his application, is liable to pay costs to the Respondents who she brought to court.
3. However, taking into account the value of the subject of the suit from which the application arises by a claim of Ksh.300,000/= but noting that Respondents filed an elaborate replying affidavit with multiple attachments in opposition to the present application, the court assesses the costs at Ksh.25,000/=.
4. The applicant shall pay the said sum of Ksh.25,000/= within thirty (30) days after which the costs shall attract interest at court rates of 14% in terms of section 27(2) of the Civil Procedure Act.
5. Mention for directions July 29, 2025
Order accordingly.
DATED AND DELIVERED THIS 19THDAY OF JUNE, 2025. EDWARD M. MURIITHIJUDGEAPPEARANCES:Applicant – Present in PersonMs. Muturi for Respondents.