Periodontist Dental Centre v Holzeimer & another; Koinange (Suing as the Legal Representative of the Estate of the Late Joseph Karuga Koinange) (Interested Party) (Environment and Land Appeal 5 of 2022) [2024] KEELC 775 (KLR)
The bottom line
#When a Kenyan appeal is withdrawn, the High Court can still award limited costs to the party it considers blameless in the underlying dispute.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to costs of a withdrawn appeal
The Appellant, as an innocent party caught in a dispute caused by the 2nd Respondent's non-disclosure and the 1st Respondent's unlawful distress, is entitled to nominal costs of the appeal payable by both Respondents
The court applied Section 27 of the Civil Procedure Act and the principle that costs follow the event. Weighing the conduct of the parties, the Appellant was found innocent of instigating the litigation; the 1st Respondent levied distress without a landlord/tenant relationship, and the 2nd Respondent failed to disclose the ownership dispute. However, because the appeal was withdrawn and considering the parties' relationship, only nominal costs were appropriate.
Legal principles established
#- Costs follow the event but remain at the discretion of the court, to be exercised judicially in accordance with reason and justice
- The exercise of discretion on costs depends on the facts of each case, guided by relevant circumstances including conduct of parties, subject of litigation and the need to promote reconciliation
Court orders
#- 1.The Appellant is awarded nominal costs of Kshs. 100,000/= to be paid by the 1st and 2nd Respondents
- 2.The said costs to be paid within 30 days from the date of the Ruling
- On appeal from
- Chief Magistrate's Court
- Not stated
- Jurisdiction invoked
- Appeal from the subordinate court; costs determined under Section 27 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Periodontist Dental Centre v Holzeimer & another; Koinange (Suing as the Legal Representative of the Estate of the Late Joseph Karuga Koinange) (Interested Party) (Environment and Land Appeal 5 of 2022) [2024] KEELC 775 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/775/eng@2024-02-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.