Nuru Chepleting Choge v Rajab Kipkosgei Magut & 2 others [2020] KEELC 935 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the application for costs on withdrawal of a suit lies before the Deputy Registrar or the Judge
It lies before the Deputy Registrar under Order 25 Rule 3 and Order 49 Rule 7(b)(xi) of the Civil Procedure Rules
Order 25 governs withdrawal, discontinuance and adjustment of suits, and Rule 3 provides that upon receipt in writing by a defendant the registrar shall sign for the costs of a discontinued suit. Order 49 Rule 7(b)(xi) empowers the Registrar to hear and determine applications under Orders 23, 24, 25, 26, 27, 28, 30, 31 and 33. Hence the Deputy Registrar, not the Judge, has jurisdiction over such applications.
Whether the 1st Defendant properly obtained a request for costs before filing the bill of costs
Yes - the request for costs under Order 25 Rule 4 dated 26th November 2019 was filed and endorsed by the Deputy Registrar on 27th November 2019, the same period the bill of costs was filed
The record confirmed the Plaintiff's notice of withdrawal was endorsed on 12th November 2019, the 1st Defendant filed a request for costs on 26th November 2019 which the Deputy Registrar endorsed on 27th November 2019, and the bill of costs was filed the same date. The Plaintiff's claim that no request was endorsed was contrary to the record, so the objection to taxation was misplaced.
Legal principles established
#- Applications for judgment on costs in withdrawn or discontinued suits fall within the jurisdiction of the Deputy Registrar and need not be referred to the Judge
Court orders
#- 1.The parties to proceed with the taxation of the bill of costs pending before the Deputy Registrar
- 2.The Plaintiff will meet the Defendants' costs of the withdrawn suit
- 3.The Ruling to be transmitted digitally by the Deputy Registrar to Counsel on record through their e-mail addresses
- Jurisdiction invoked
- Reference from the Deputy Registrar under the Civil Procedure Rules (Order 25 and Order 49 on special powers of Registrars)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nuru Chepleting Choge v Rajab Kipkosgei Magut & 2 others [2020] KEELC 935 (KLR)", Case Analysis (2020). Deputy Registrar's Reference of 19th August, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/935/eng@2020-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.