Swaleh v Mohamed & others (Environment and Land Case E005 of 2026) [2026] KEELC 3417 (KLR)
The bottom line
#A Malindi land court ruled that when a plaintiff withdraws a case early, both sides usually walk away paying their own legal costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether costs of the suit, withdrawn by the plaintiff at an early stage, should be paid by any party
Key legal issues
#Costs following a notice of withdrawal before filing of a defence
The court exercised its discretion under Section 27 of the Civil Procedure Act to order that each party bear its own costs, given the minimal work done by the defendants and the plaintiff's commendable early withdrawal.
The court noted the matter was withdrawn at the first mention before any defence was filed; the defendants' only work was a replying affidavit to a motion. Early withdrawal avoided dragging parties and the court through full litigation and aligned with the encouragement of alternative dispute resolution. Amicable resolution on costs was therefore appropriate.
Legal principles established
#- Costs follow the event under Section 27 of the Civil Procedure Act unless the court orders otherwise, and a party who withdraws a suit at an early stage may fairly be left to bear their own costs.
Court orders
#- 1.Each party to bear their own costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 27 of the Civil Procedure Act (costs follow the event)
Relief refused
#Costs payable by any party (disputed issue left to court after withdrawal)
The matter was withdrawn before a defence was filed and the defendants' work was minimal; early withdrawal was to be commended, so each party bears own costs.
Costs
Each party shall bear their own costs of the suit.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Section 27 of the Civil Procedure Act states that all costs shall follow the event save where the court orders otherwise.
It would be good for all parties to part amicably on all fronts, including on the issue of costs when a case is withdrawn at such an early stage.
Consequently, I order that each party shall bear their own costs of the suit.
Issues in the judgment
#The judgment does not state the case number, party names, or neutral citation; the matter was already marked withdrawn and the ruling concerns costs only.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Swaleh v Mohamed & others (Environment and Land Case E005 of 2026) [2026] KEELC 3417 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3417/eng@2026-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.