Nancy Wakathare Nguri & 2 others v Edith Wagatu Nguri & 2 others [2020] KEELC 3106 (KLR)
The bottom line
#A Kenyan court ruled that a plaintiff who withdraws a contested land case must pay the defendant's legal costs plus interest.
What this practically means
#Executive summary
#Key legal issues
#Award of costs upon withdrawal of a suit
The plaintiffs, having withdrawn their contested suit, must bear the defendants' costs with interest at court rates
The court adopted the Supreme Court of Uganda's principles in Impressa Ing Fortunato Federice v Nabwire on Section 27 of the Civil Procedure Act, holding that costs ordinarily follow the event and that the discretion must be exercised judiciously. Since the suit was withdrawn before hearing, the court had no facts on which to exercise its discretion differently, so costs were awarded to the defendants.
Legal principles established
#- Costs follow the event unless the court, exercising its judicial discretion, orders otherwise
- Where a party institutes a heavily contested suit and then withdraws it, the appropriate order is that costs follow the event
Court orders
#- 1.The plaintiff should bear the costs of this suit plus interest at Court rates
- Jurisdiction invoked
- Order 25 Rule 1 CPR (withdrawal) and Section 27 of the Civil Procedure Act on costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nancy Wakathare Nguri & 2 others v Edith Wagatu Nguri & 2 others [2020] KEELC 3106 (KLR)", Case Analysis (2020). Not stated in the extract (plaint dated 7th March 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3106/eng@2020-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.