Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherNBI. ELRC. NO. 1475 of 2018· [2024] KEELRC 825 (KLR)

Cattermole v Henkel Chemicals (EA) Limited (Cause 1475 of 2018) [2024] KEELRC 825 (KLR)

Employment and Labour Relations Court
4 April 2024
470 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This is a ruling of the Employment and Labour Relations Court at Nairobi on the single question of costs following the Claimant's withdrawal of his claim in ELRC No. 1475 of 2018. The Respondent had filed a Notice of Motion dated January 12, 2022 seeking dismissal of the claim for want of prosecution, which the Claimant did not respond to; at a hearing on November 14, 2023 his Counsel confirmed instructions to withdraw the claim. The Respondent did not oppose withdrawal but sought costs. The parties failed to agree on costs, and the Court directed written submissions; only the Respondent filed. Relying on Joseph Oduor Anode v Kenya Red Cross Society, the Respondent argued that costs follow the event and any departure requires reasons, and on Nicholas Kiptoo Arap Salat v IEBC that a party's right of withdrawal cannot be curtailed, only a costs order made. Ndolo J accepted that withdrawal could not be prevented, but held that the decision on costs is a product of judicial discretion requiring a party seeking favour to advance reasons. The Claimant's failure to file submissions, following his failure to respond to the dismissal application, left the Court with no basis to exercise discretion in his favour. The Court ordered the Claimant to pay the Respondent's costs, to be assessed by a Taxing Master in the normal manner. Orders were delivered virtually at Nairobi on April 4, 2024.

Key legal issues

#
01

Whether costs should be awarded to the Respondent upon the Claimant's withdrawal of the claim

Holding

The Claimant to pay the Respondent's costs because the claim was withdrawn and the Claimant gave no reason for the Court to depart from the principle that costs follow the event

Reasoning

Costs follow the event as a settled principle, and any departure requires sufficient reasons. The Claimant withdrew the claim, did not respond to the dismissal application, and failed to file submissions on costs despite directions. With no basis to exercise discretion in the Claimant's favour, the Court applied the default rule and awarded the Respondent costs to be taxed.

p. 2
02

Whether the right to withdraw a claim can be curtailed

Holding

No - a party may withdraw a matter; the court can only make an appropriate costs order

Reasoning

The Respondent conceded, and the Court accepted relying on the Supreme Court's decision in Nicholas Kiptoo Arap Salat, that a party's right to withdraw a matter pending before a court cannot be curtailed; the only available remedy is an order for costs where the court deems appropriate.

p. 1

Legal principles established

#
  • A party's right to withdraw a matter before the court cannot be taken away; the court may only order costs where appropriate.
  • Costs follow the event and where the court departs from that principle reasons must be given.

Court orders

#
  1. 1.The Claimant will pay costs to the Respondent
  2. 2.Costs to be assessed by a Taxing Master in the normal manner

Authorities

#

Cases cited (2)

  • Joseph Oduor Anode v Kenya Red Cross Society
    [2012] eKLR
  • Nicholas Kiptoo Arap Salat v Independent Electoral and Boundaries Commission & 7 others
    [2014] eKLR
Jurisdiction invoked
Costs jurisdiction of the Employment and Labour Relations Court under the principle that costs follow the event

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Cattermole v Henkel Chemicals (EA) Limited (Cause 1475 of 2018) [2024] KEELRC 825 (KLR)", Case Analysis (2024). NBI. ELRC. NO. 1475 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/825/eng@2024-04-04

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