John Tony Gecaga & 3 others v Dorothy Wanjiku Guchu & another [2019] KEELC 1280 (KLR)
The bottom line
#When parties settle a dispute before judgment, a Kenyan court may order each side to pay its own costs instead of making the losing side pay.
What this practically means
#Executive summary
#Key legal issues
#Who should be awarded costs where the judicial review motion and preliminary objection became moot following a negotiated settlement?
Each party to bear their own costs; the consensual resolution was good ground to depart from the costs-follow-the-event rule
The court applied section 27 of the Civil Procedure Act and the Mativo J factors from Cecilia Karuru Ngayu. Since the 1st respondent undertook to confine construction to the approved plans and the applicants did not prosecute the motion, the matter ended reconciliatorily. The court held that preventing further expense was good reason not to award costs to any party.
Whether the Ex parte applicants were entitled to institute the proceedings despite the pending objection to change of user
The applicants were entitled to institute the proceedings because they received no response to their objection
The objection lodged on 10th February 2017 was forwarded to the department of Urban Planning and Housing but no response was received, so judicial review was justified. The court noted that had the respondents responded to the notice of objection, the proceedings might not have been necessary.
Legal principles established
#- Costs follow the event unless the court for good reason otherwise orders; a consensual resolution avoiding further litigation is good ground to depart from the general rule
- In determining costs the court may consider the conduct of the parties, the circumstances leading to the proceedings, and the events and manner of their termination
Court orders
#- 1.Each party to bear their own costs
- Jurisdiction invoked
- Judicial review under Order 53 of the Civil Procedure Rules 2010 and the Law Reform Act (certiorari and prohibition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Tony Gecaga & 3 others v Dorothy Wanjiku Guchu & another [2019] KEELC 1280 (KLR)", Case Analysis (2019). Judicial Review (ELC) - change of user on LR No. Nairobi/Block 139/114, Marurui, Nairobi. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1280/eng@2019-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.