Cattermole v Henkel Chemicals (EA) Limited (Cause 1475 of 2018) [2024] KEELRC 825 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether costs should be awarded to the Respondent upon the Claimant's withdrawal of the claim
The Claimant to pay the Respondent's costs because the claim was withdrawn and the Claimant gave no reason for the Court to depart from the principle that costs follow the event
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.
Whether the right to withdraw a claim can be curtailed
No - a party may withdraw a matter; the court can only make an appropriate costs order
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.
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.The Claimant will pay costs to the Respondent
- 2.Costs to be assessed by a Taxing Master in the normal manner
- 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.