Samuel Kaimenyi Anampiu & 3 others v County Government of Kajiado & another [2019] KEELC 3158 (KLR)
The bottom line
#Settle a Kenyan land dispute by consent without costs terms and you may still end up paying the other side's legal bills.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to costs where the suit was compromised by consent
The Plaintiffs were the successful party and are entitled to costs payable by both Defendants equally.
The Plaintiffs sued for a declaration and injunction over Plot 160. The 1st Defendant entered a consent agreeing not to utilise the suit land and to consult widely if it intended to, effectively granting the Plaintiffs the relief sought. The 2nd Defendant never filed a defence. Applying section 27(1) of the Civil Procedure Act and the principle that costs follow the event, and following Morgan Air Cargo, the court held the Plaintiffs successful and awarded costs.
Effect of the consent on the suit
The consent between the Plaintiffs and the 1st Defendant compromised the suit, though the suit against the 2nd Defendant remains pending.
The court observed that the 2nd Defendant did not participate in the consent, but the parties had attended court severally before it was recorded; the consent therefore disposed of the dispute as between the Plaintiffs and the 1st Defendant, leaving only the question of costs for determination.
Legal principles established
#- Where a suit is compromised by consent that grants the plaintiff the substance of its prayers, the plaintiff is the successful party and costs follow the event.
Court orders
#- 1.Costs of the suit awarded to the Plaintiffs
- 2.Costs to be taxed before the Deputy Registrar and borne by both Defendants equally
- Jurisdiction invoked
- Section 27(1) of the Civil Procedure Act (discretion over costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Kaimenyi Anampiu & 3 others v County Government of Kajiado & another [2019] KEELC 3158 (KLR)", Case Analysis (2019). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3158/eng@2019-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.