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ELCAllowedCivil Case No. 179 of 2013 (costs application dated 23rd May 2023)· [2026] KEELC 558 (KLR)
Ngegwa & another v Company (Environment and Land Case 418 of 2017) [2026] KEELC 558 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling by Mohammed N. Kullow J of the Environment and Land Court, Nairobi, on an application dated 23rd May 2023 in which the plaintiff, through Isaac Aloo, sought costs of the suit to be taxed, there being no agreement on costs as contemplated in the order of Hon. Angote J dated 16th December 2021. The suit had been compromised by a consent judgment which left costs to be agreed at a later date; the parties failed to agree, prompting this undefended application. The applicant filed no submissions despite directions for written submissions. The court framed a single issue: whether the applicant is entitled to costs. Relying on section 27 of the Civil Procedure Act and the decisions in Morgan Air Cargo Limited v Everest Enterprises Limited (Gikonyo J) and Orix Oil (Kenya) Limited v Paul Kabeu & 2 Others [2014] eKLR, the court held that a compromised suit has no winning or losing party in the ordinary sense, but where the claim was actualized through the consent and no disqualifying conduct or estoppel is shown, the successful plaintiff should be awarded costs. The court found the plaintiffs succeeded in the suit and awarded them the costs, ordering that they be taxed. Neither party appeared when the ruling was delivered virtually on 5th February 2026.
Key legal issues
#01
Entitlement to costs following a consent judgment silent on costs
Holding
The plaintiffs, whose claims were actualized through the consent, are entitled to costs since no conduct or estoppel disqualifies them
Reasoning
The consent judgment compromised the suit but expressly left costs to be agreed later. Failing agreement, the court exercises its discretion under section 27 of the Civil Procedure Act. The plaintiff was the successful party, no deviant conduct was shown, and no estoppel arose. The authorities of Morgan Air Cargo and Orix Oil support awarding costs to a successful party absent disqualifying circumstances.
p. 2
Legal principles established
#- Where a suit is compromised by consent, there is no successful or losing party and the award of costs is a matter of the court's discretion, guided by section 27 of the Civil Procedure Act
Court orders
#- 1.Costs of the suit awarded to the plaintiff, to be taxed as there is no agreement on costs as contemplated by the order of Hon. Angote J dated 16th December 2021
- Jurisdiction invoked
- Inherent jurisdiction on costs under Section 27 of the Civil Procedure Act; prior order of Hon. Angote J dated 16th December 2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngegwa & another v Company (Environment and Land Case 418 of 2017) [2026] KEELC 558 (KLR)", Case Analysis (2026). Civil Case No. 179 of 2013 (costs application dated 23rd May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/558/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.