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ELCOtherEnvironment & Land Case 1177 of 2016· [2023] KEELC 18682 (KLR)
Biegon v Gatua & 2 others
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·~2 min to read original · ~4 min briefThe bottom line
#When both sides withdraw their land dispute in Kenya, the court can order each party to pay their own legal costs.
What this practically means
#Executive summary
#This short ruling of the Environment and Land Court at Nairobi (LN Mbugua, J) deals solely with costs following the withdrawal of the parties' claims. On May 30, 2023, the plaintiff's suit and the 1st and 2nd defendants' counterclaim were both marked as withdrawn, and the parties were directed to file and serve written submissions on costs by June 14, 2023. Neither party complied, leaving the court without persuasive arguments on costs. The court invoked section 27(1) of the Civil Procedure Act, which vests discretion over costs in the court, subject to the proviso that costs follow the event unless the court for good reason otherwise orders. The 'event' was identified as the withdrawal of both the suit and the counterclaim, and the court further considered that the underlying dispute had been resolved through a consent adopting a report of the Land Registrar. In the exercise of that discretion, the court directed that each party bear their own costs of both the suit and the counterclaim. The ruling was dated, signed and delivered at Nairobi on July 6, 2023 via Microsoft Teams, with Khayaga appearing for the plaintiff and Mwangi DK for the 1st and 2nd defendants.
Key legal issues
#01
Costs following withdrawal of suit and counterclaim
Holding
Each party to bear own costs
Reasoning
Section 27(1) of the Civil Procedure Act gives the court full discretion over costs, with costs following the event unless good reason exists. Here the event was the withdrawal of both the plaintiff's suit and the defendants' counterclaim, and the dispute ended through a consent adopting the Land Registrar's report. No party filed submissions on costs, so the court exercised its discretion to leave each side to bear its own costs.
p. 2
Legal principles established
#- Costs follow the event unless the court for good reason otherwise orders; where suit and counterclaim are withdrawn by consent, each party may be left to bear own costs.
Court orders
#- 1.Each party to bear their own costs of the suit and the counterclaim
- Jurisdiction invoked
- Section 27(1) of the Civil Procedure Act (discretion as to costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Biegon v Gatua & 2 others", Case Analysis (2023). Environment & Land Case 1177 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18682/eng@2023-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.