Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtOtherSuccession Cause (application for revocation of grant dated 30/1/2015); related ELC Case No. 90 of 2019· [2020] KEHC 6688 (KLR)

GRACE KANJIRU PATRICK v VERSUSBRIDGET MUTHONI & 2 others

High Court of Kenya
21 April 2020
FGF. Gikonyo
1,141 words in judgment
View original judgment Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

In family disputes, the court may order both sides to pay their own legal fees, even if one party withdrawas a lawsuit.

What this practically means

#

Executive summary

#
This ruling of the High Court at Milimani Nairobi (F. Gikonyo J) dealt solely with costs following the withdrawal of an application for revocation of grant dated 30/1/2015 in a succession matter. On 21/5/2019 the court had ordered that issues of trust concerning L.R. Abogeta/L-Kithangari/1465 be determined by the Environment and Land Court. The interested parties accordingly filed ELC Case No. 90 of 2019 and, through counsel Mr. Gikonyo, withdrew the revocation application, asking that no costs be awarded. The petitioners, through Mr. Ndubi, did not object to the withdrawal but insisted on costs, complaining that the application should have been withdrawn earlier, that the interested parties had forcefully occupied the estate property leaving them in destitution, and that the application had been pending for four years. The court framed a single issue: whether the interested parties should pay the costs of the withdrawn application. It considered section 27 of the Civil Procedure Act (costs follow the event unless the court otherwise orders for good reason), Order 25 Rule 3 of the Civil Procedure Rules, and the factors set out in Cecilia Karuru Ngayu v Barclays Bank of Kenya, including the parties' conduct, the circumstances of termination, and the relationship between the parties. Although acknowledging the 'disturbing events' alleged, the court held that the withdrawal was inevitable once the ELC became seized of the trust question, and that the family nature of the dispute and the need to promote reconciliation under Article 159(2)(c) justified departing from the general rule. The court ordered each party to bear their own costs of the application.

Key legal issues

#
01

Whether costs of a withdrawn application should be awarded to the opposing party

Holding

No - the court exercised its discretion under section 27 of the Civil Procedure Act to order each party to bear own costs

Reasoning

The court applied section 27 CPA and Order 25 Rule 3, and the factors in Cecilia Karuru Ngayu: conduct of parties, subject of litigation, circumstances of institution and termination, and relationship between parties. Although the petitioners complained of forceful occupation and four years of litigation, the withdrawal flowed directly from the court's own order referring trust to the ELC, and the family relationship and Article 159(2)(c) reconciliation objective justified departing from the costs-follow-the-event rule.

p. 2

Legal principles established

#
  • Costs follow the event unless the court, for good reason, otherwise orders; in family matters and where withdrawal was inevitable, each party may be left to bear own costs

Court orders

#
  1. 1.Each party to bear their own costs of the withdrawn application dated 30/1/2015

Authorities

#

Legislation

  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 25 Rule 3
  • Constitution of KenyaArticle 159(2)(c)

Cases cited (2)

  • Ethics and Anti-Corruption Commission v Nderitu Wachira Nderitu Wachira & 2 others
    [2016] eKLR

    Quoting Kuloba J on the meaning of 'the event' in costs-follow-the-event

  • Cecilia Karuru Ngayu v Barclays Bank of Kenya & another
    [2016] eKLR

    Factors a court should consider in determining an award of costs

Jurisdiction invoked
Section 27 of the Civil Procedure Act (discretion as to costs); succession matter before the High Court

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "GRACE KANJIRU PATRICK v VERSUSBRIDGET MUTHONI & 2 others", Case Analysis (2020). Succession Cause (application for revocation of grant dated 30/1/2015); related ELC Case No. 90 of 2019. Source:

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