REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL & ADMIRALTY DIVISION CIVIL CASE NO. 431 OF 2009 NESTLE KENYA LTD......................................................PLAINTIFF VERSUS KELVIN & HANNINGTON INTERNATIONAL LTD........DEFENDANT RULING 1. By a Notice of Motion application dated 13th October 2015 and filed herein on 16 th November 2015 the Defendant applies to have the suit herein dismissed. The Plaintiff does not oppose the application for dismissal but submits that there should be no order on costs. 2. I have considered the submission on costs. It is clear that since the suit was filed in 2009 proceedings have taken place which involves costs to the Defendant, including this application. The old adage that in any suit, the costs follow the event cannot be avoided. I therefore allow the application by the Defendant dated 13th October 2015, and dismiss the suit herein with costs to the Defendant. The costs of this application shall also be for the Defendant. Orders accordingly. READ, DELIVERED AND DATED, AT NAIROBI THIS 19TH DAY OF FEBRUARY 2016. E. K. O. OGOLA JUDGE Ruling Read in open court in the presence of: Mr. Gitakan hb M/s Opio for Plaintiff Mr. Musyoki for Defendant Teresia Court Clerk
Original judgment
Nestle Kenya Ltd v Kelvin & Hannington International Ltd
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