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ELCPartially AllowedChuka ELC Misc. Application No. 02 of 2019· [2019] KEELC 1960 (KLR)

Gilbert Joseph Kibunja Alias Gilbert Joseph Kibunja Alias Gilbert Joseph Kabunja v County Government of Tharaka Nithi & another [2019] KEELC 1960 (KLR)

Environment and Land Court

31 July 2019

PNP.M. Njoroge

314 words in judgment

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The bottom line

The Environment and Land Court at Chuka allowed a litigant to withdraw his land case and, because he was a pauper, refused to make him pay the other side's legal costs.

What this practically means

Executive summary

This brief ruling of the Environment and Land Court at Chuka, delivered by P.M. Njoroge J on 31 July 2019, deals with a notice of withdrawal of Chuka ELC Misc. Application No. 02 of 2019. The applicant, Gilbert Joseph Kabunjia, through his advocate Mr. Mungai Wainaina, filed a notice under Order 25 Rule 1 of the Civil Procedure Rules withdrawing wholly his notice of motion dated 20th May 2019, with no orders as to costs. Counsel confirmed that the withdrawal notice had been served on the other parties. Counsel for the 1st respondent, Mr. Murango Mwenda, did not oppose the withdrawal but sought costs. In response, the applicant's advocate explained that the withdrawal was filed in good faith to save judicial time; the application had been filed when the applicant was unaware that the ministerial appeal had already been concluded, and once this came to his attention he advised his client accordingly. Counsel added that the applicant was a pauper seeking justice against an institution with vast resources. The court, considering all the circumstances, marked the suit as withdrawn, ordered its removal from the register of pending ELC cases at Chuka, and directed that each party bear its own costs. The ruling does not determine the merits of the underlying application, and no authority is cited.

Key legal issues

Withdrawal of a notice of motion under Order 25 Rule 1 of the Civil Procedure Rules

Holding

The withdrawal notice was allowed; the suit was marked as withdrawn and removed from the register of pending ELC cases at Chuka.

Reasoning

The applicant's advocate filed a notice of withdrawal under Order 25 Rule 1 and confirmed service on the other parties. The 1st respondent did not oppose the withdrawal but sought costs. The applicant explained that the application had been filed in good faith, before he became aware that the ministerial appeal had been concluded, and that he was a pauper litigant. Considering all the circumstances, the court permitted the withdrawal and ordered that each party bear its own costs.

p. 2

Legal principles established

An applicant may withdraw a notice of motion under Order 25 Rule 1 of the Civil Procedure Rules, and the court may in its discretion direct that parties bear their own costs of the withdrawn application.

Court orders

1.This suit is marked as withdrawn and should be removed from the register of pending ELC Cases at Chuka.
2.Parties shall bear their own costs.

Authorities

Legislation

Civil Procedure RulesOrder 25 Rule 1

Jurisdiction invoked: Order 25 Rule 1 of the Civil Procedure Rules

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Gilbert Joseph Kibunja Alias Gilbert Joseph Kibunja Alias Gilbert Joseph Kabunja v County Government of Tharaka Nithi & another [2019] KEELC 1960 (KLR)", Case Analysis (2019). Chuka ELC Misc. Application No. 02 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1960/eng@2019-07-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.