REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC CASE NO. 614 OF 2012 DAVID NGATI YUDA JOSEPH BONIFACE MATHEKA JAMES M. NDETO GEOFREY OCHANDA & OTHERS.............................................PLAINTIFFS VERSUS EMBAKASI VILLAGE CRAFT CURIOS & JUA KALI ASSOCIATION NAIROBI CURIOS JUA KALI ASSOCIATION JOHN MUTIE JOSEPH OBONYO JULIUS MUANGE ANDREW MBITHI BONIFACE OMBUI JEMIMAH KIOKO JOYCE MUSILA KYALE SAMBA JUNES MUNANANIE DANIEL MUSEMBI........................................................................DEFENDANTS RULING The Plaintiffs filed a Notice of Withdrawal of Suit on 6/5/2019 indicating that they were withdrawing this suit to enable them prosecute ELC Case No. 63 of 2018 – David Ngati and 4 others v Elphaz Mutie and 7 Others. Following that withdrawal, the Defendants filed the application dated 7/6/2019 seeking costs of the withdrawn suit and stay of proceedings in ELC Case No. 63 of 2018 until the costs are paid. The application was supported by the affidavit of Owino Opiyo advocate who deponed to the number of times the matter came up for hearing. The court notes that through the ruling delivered by Mutungi J. on 20/9/2013 the court awarded the Defendants the costs of the application dated 17/9/2012. In the ruling delivered on 28/2/2014, the court directed each party to bear its costs for the application dated 4/10/2013. Gacheru J. in her ruling of 7/9/2017 awarded the costs to the alleged contemnor, Joseph Onyango.
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In light of the reason for the withdrawal of the suit, the court agrees with the Defendants that they are entitled to the costs of the suit following the withdrawal of the suit except for the applications in which the court already awarded costs. Proceedings in ELC Case No. 63 of 2018 will be stayed until the costs in this suit are paid. Dated and delivered at Nairobi this 25th day of February 2020 K.BOR JUDGE In the presence of:Ms. P. Wambua holding brief for Mr. Owino Opiyo for the Defendants Mr. V. Owuor- Court Assistant No appearance for the Plaintiffs
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