[2018] KEELC 2644 (KLR)
The court found that since the plaintiffs had sought to withdraw the suit, the inhibition orders, which were interim in nature, no longer served any purpose and were therefore discharged. On the issue of costs, the court exercised its discretion to order that the plaintiffs pay half the costs to the 1st defendant,...
Source-derived case information.
- Citation
- [2018] KEELC 2644 (KLR)
- Parties
- Plaintiff: Zipporah Mwengwa Arthur; Plaintiff: Monicah Igoki; Plaintiff: Irene Makena; Plaintiff: Martin Gatobu; Plaintiff: John Kinyua; Plaintiff: Antony Muriungi; Defendant: Stephen Kirimi; Defendant: John Kimathi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 98 of 2015
- Procedural Posture
- Land and Property Case / Ruling on Withdrawal and Costs
- Outcome
- Suit withdrawn; inhibition orders discharged; costs awarded in part to 1st defendant.
- Legal Topics
- Withdrawal of Suit, Inhibition Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Mwengwa Arthur
Plaintiff
Monicah Igoki
Plaintiff
Irene Makena
Plaintiff
Martin Gatobu
Plaintiff
John Kinyua
Plaintiff
Antony Muriungi
Plaintiff
Stephen Kirimi
Defendant
John Kimathi
Defendant
Procedural Posture
Land and Property Case / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the inhibition orders previously granted should be discharged.
- 2 Whether the case should be withdrawn and on what terms as to costs.
Ratio Decidendi
The court found that since the plaintiffs had sought to withdraw the suit, the inhibition orders, which were interim in nature, no longer served any purpose and were therefore discharged. On the issue of costs, the court exercised its discretion to order that the plaintiffs pay half the costs to the 1st defendant, while making no order as to costs in respect of the 2nd defendant, balancing the interests of justice and the conduct of the parties.
Court Disposition
Suit withdrawn; inhibition orders discharged; costs awarded in part to 1st defendant.
Orders
- The inhibition orders affirmed on 3.11.2015 are hereby discharged.
- The case is hereby withdrawn with no orders to costs in respect of 2nd defendant but plaintiff to pay half costs to 1st defendant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 98 OF 2015
ZIPPORAH MWENGWA ARTHUR........................................1ST PLAINTIFF
MONICAH IGOKI.....................................................................2ND PLAINTIFF
IRENE MAKENA.......................................................................3RD PLAINTIFF
MARTIN GATOBU....................................................................4TH PLAINTIFF
JOHN KINYUA..........................................................................5TH PLAINTIFF
ANTONY MURIUNGI...............................................................6TH PLAINTIFF
VERSUS
STEPHEN KIRIMI.................................................................1ST DEFENDANT
JOHN KIMATHI....................................................................2ND DEFENDANT
RULING
1. The inhibition orders affirmed on 3. 11. 2015 are hereby discharged.
2. The case is hereby withdrawn with no orders to costs in respect of 2nd defendant but plaintiff to pay half costs to 1st defendant.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 9th DAY OF MAY, 2018
HON. L. N. MBUGUA
ELC JUDGE