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ELCPartially Allowednot_stated_in_judgment· [2025] KEELC 842 (KLR)

Sikembei (Suing as Next of Kin of Joshua Sikembei Parteyie) & 2 others v Ranch & 2 others (Environment & Land Case E077 of 2021) [2025] KEELC 842 (KLR)

Environment and Land Court
27 February 2025
LKL. Komingoi
965 words in judgment
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The bottom line

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Kenya's Environment and Land Court in Kajiado ordered the losing defendants to pay the winning plaintiffs' legal costs and surveyor's fees.

What this practically means

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Executive summary

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This short judgment of the Environment and Land Court at Kajiado, delivered by L. Komingoi, J on 27th February 2025, deals solely with the question of costs in a suit originally commenced by Plaint and moved to the court because of its relation with ELC Appeal E027 of 2022. At a mention on 9th March 2023, counsel for the 1st and 2nd Defendants indicated that the Land Registrar had made a boundary determination which they were appealing against, and sought closure of the file; the Plaintiffs opposed closure because costs remained undetermined. By consent, the costs issue was canvassed by written submissions. The Plaintiffs submitted that they had approached the 3rd Defendant (Land Registrar) in May 2021 over a boundary dispute without resolution, and that they incurred Kshs. 600,000 for a private surveyor plus filing costs, relying on Section 27 of the Civil Procedure Act and the principle that costs follow the event. The 1st and 2nd Defendants argued that the substantive boundary dispute had been resolved by the Land Registrar's report and costs should be denied. Framing the single issue as who should bear costs, the court applied Section 27(1) of the Civil Procedure Act and the Court of Appeal decision in Supermarine Handling Services Ltd v Kenya Revenue Authority, holding that costs follow the event. The court found the Plaintiffs were the successful party since the dispute emanated from the Defendants' actions, and no special reasons existed to depart from the general rule. The court ordered that the costs of the suit and the surveyor's fees be borne by the 1st and 2nd Defendants. No damages were awarded.

Key legal issues

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01

Who should bear the costs of the suit

Holding

The Plaintiffs, being the successful party, are entitled to costs of the suit and the surveyor's fees from the 1st and 2nd Defendants, as no special reasons to depart from the general rule exist

Reasoning

Section 27(1) of the Civil Procedure Act vests discretion on costs in the court, with the proviso that costs follow the event unless for good reason otherwise ordered. The dispute emanated from the actions of the 1st and 2nd Defendants, who filed a preliminary objection alleging prematurity, then abandoned it as overtaken by events after the Land Registrar's report. Although the suit had a boundary-dispute aspect resolved administratively, the court found the Plaintiffs successful and found no reason to deny them costs.

p. 3

Legal principles established

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  • Costs in civil litigation follow the event unless the court, for good reason, otherwise orders, and the discretion on costs must be exercised judicially

Court orders

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  1. 1.The costs of this suit to be borne by the 1st and 2nd Defendants
  2. 2.The surveyor's fees to be borne by the 1st and 2nd Defendants

Authorities

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Legislation

  • Civil Procedure ActSection 27(1)
  • Land Registration ActSection 18(2)

Cases cited (5)

  • Menkar Limited vs Ratilal Ghela Samat Shah & 2 others (2019) eKLR
    (2019) eKLR
  • Kisumu Yacht Club registered Trustees vs County Government of Kisumu & another [2021] eKLR
    [2021] eKLR
  • Party of Independent candidates of Kenya vs Mutula Kilonzo & 2 others
  • Supermarine Handling Services Ltd v Kenya Revenue Authority [2010] eKLR
    [2010] eKLR
  • Devram Dattan v Dawda [1949] EACA 35
    [1949] EACA 35
Jurisdiction invoked
Section 27(1) of the Civil Procedure Act (discretion as to costs); matter moved to the ELC due to its relation with ELC Appeal E027 of 2022

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, "Sikembei (Suing as Next of Kin of Joshua Sikembei Parteyie) & 2 others v Ranch & 2 others (Environment & Land Case E077 of 2021) [2025] KEELC 842 (KLR)", Case Analysis (2025). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/842/eng@2025-02-27

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