Malu & 2 others v Kiveke (Environment and Land Appeal 211 of 2014) [2022] KEELC 3430 (KLR)
The bottom line
#Even when a Kenyan appeal settles before judgment, a party who took real steps in it can still recover court costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellants merit costs of the compromised appeal
The appellants are awarded costs of the appeal because they took substantive steps in it, including filing a memorandum of appeal, record of appeal and a stay application, and making several court appearances
The appeal from the dismissal of the preliminary objection was compromised because the lower court suit, which was never stayed, was heard and dismissed in the appellants' favour. The court exercised its discretion under section 27 of the Civil Procedure Act, guided by Order 25 and authorities on costs, holding that a party who has undertaken steps in proceedings should not be deprived of costs merely because the matter was resolved before judgment.
Legal principles established
#- Costs are in the discretion of the court, to be exercised judicially and in accordance with reason and justice; costs follow the event unless the court otherwise orders
- A party who has undertaken substantive steps in an appeal by filing documents and making court appearances is entitled to costs of the appeal notwithstanding its compromise
Court orders
#- 1.The appellants are awarded the costs of the appeal, subject to taxation by the Taxing Officer
- On appeal from
- Principal Magistrate's Court, Kangundo
- SPMCC No. 53 of 2014
- Jurisdiction invoked
- Appellate jurisdiction over the magistrate's court decision; costs determined under section 27 of the Civil Procedure Act and Order 25 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Malu & 2 others v Kiveke (Environment and Land Appeal 211 of 2014) [2022] KEELC 3430 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3430/eng@2022-06-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.