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ELCOtherNot stated in the judgment· [2020] KEELC 3437 (KLR)

Titus Mwirigi v Imelda Muramba Juma (Sued as the Court Appointed Manager & Guardian of the Estate of Professor Francis Doil Juma) [2020] KEELC 3437 (KLR)

Environment and Land Court
13 February 2020
KBK. Bor
540 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court denied legal costs to a party who hid a key fact during negotiations, showing honesty in pre-suit correspondence affects who pays.

What this practically means

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Executive summary

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This first-instance decision of the Environment and Land Court at Nairobi (K. Bor, J) dealt solely with the consequential issue of costs after the Plaintiff withdrew his suit by notice filed in court indicating withdrawal with no orders as to costs. The Defendant sought costs. She argued that the Plaintiff had sued her on 18/7/2016 although she was not the administrator of the estate of the late Professor Francis Doil Juma; she had raised this in her defence of September 2016 and in a striking-out application dated 6/10/2016, and the Plaintiff prolonged the matter through mentions before withdrawing in May 2019. The Plaintiff opposed costs, contending the Defendant's advocate responded to his demand letter of 17/5/2016 on 25/5/2016 without disclosing that Professor Juma had died on 12/5/2016, leading him to sue her as court-appointed manager and guardian of the deceased. He urged the court to consider the parties' conduct, the subject of litigation, the circumstances of filing and termination, the stage of proceedings and the parties' relationship. The court framed a single issue: whether the Defendant was entitled to costs of the withdrawn suit. Examining the correspondence, it found the death was only disclosed in the Defendant's advocate's letter of 11/10/2016, after the defence was filed on 8/9/2016. On the basis of that non-disclosure, the court declined to award the Defendant costs and ordered each party to bear its own costs. Judgment dated and delivered at Nairobi on 13th February 2020.

Key legal issues

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Whether the Defendant was entitled to costs of the suit withdrawn with no orders as to costs

Holding

The Defendant was denied costs because her conduct - failing to disclose Professor Juma's death before the suit was filed - disentitled her to costs

Reasoning

The Defendant's advocate replied to the Plaintiff's demand letter of 17/5/2016 on 25/5/2016 without disclosing that Professor Juma had died on 12/5/2016, even though the Defendant knew of the death. The Plaintiff therefore sued the Defendant as court-appointed manager and guardian. Disclosure of the death came only in the letter of 11/10/2016, after a defence had been filed. The court treated this non-disclosure as conduct justifying denial of costs despite the notice of withdrawal.

p. 2

Legal principles established

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  • In determining costs on a withdrawn suit, the court considers the conduct of the parties, the subject of litigation, the circumstances leading to filing and termination, the stage of proceedings, and the relationship between the parties
  • A party whose conduct falls short of candour may be denied costs of a withdrawn suit

Court orders

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  1. 1.The court declines to award the Defendant costs of the withdrawn suit
  2. 2.Each party to bear its own costs for the withdrawn suit
Jurisdiction invoked
Inherent jurisdiction to award costs on a withdrawn suit (costs follow the event, subject to the court's discretion); no specific constitutional or statutory provision invoked

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Titus Mwirigi v Imelda Muramba Juma (Sued as the Court Appointed Manager & Guardian of the Estate of Professor Francis Doil Juma) [2020] KEELC 3437 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3437/eng@2020-02-13

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