Chira & 2 others v Gakuo & 2 others [2023] KEELC 20218 (KLR)

Chira & 2 others v Gakuo & 2 others (Environment & Land Case 093 of 2021) [2023] KEELC 20218 (KLR) (19 September 2023) (Ruling)

Neutral citation: [2023] KEELC 20218 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment & Land Case 093 of 2021

BM Eboso, J

September 19, 2023

Between

Mary Wangari Chira

1st Plaintiff

Florence Wanjiku Muchai

2nd Plaintiff

Regina Wangui Mwaura

3rd Plaintiff

and

Teresa Wambui Gakuo

1st Defendant

Dennis Mwaura Gakuo

2nd Defendant

The Land Registrar, Kiambu

3rd Defendant

Ruling

1. The plaintiff filed a notice of withdrawal of suit, dated September 18, 2023. Today, counsel for the plaintiffs has made an oral application to have this suit marked as withdrawn. She contends that she will be urging that the plaintiffs do pay only nominal costs.

2. Counsel for the 1st and 2nd defendants does not oppose the request save that he wants his two clients to be awarded costs of the suit. The position of the Attorney General is that he has no objection and that the quantum of costs is a matter for the taxing officer of the court.

3. In the absence of any objection, this suit is marked withdrawn. On costs, the general principle is that costs follow the event. On quantum, assessment of costs in a withdrawn suit is a matter for the taxing officer of the court. The defendants having been dragged to the court by the plaintiffs, the plaintiffs will bear costs of the suit.

4. Consequently, this suit is marked withdrawn. The plaintiff shall bear costs of the withdrawn suit.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 19TH DAY OF SEPTEMBER 2023B M EBOSOJUDGEIn the Presence of: -Mr Ngaira for the PlaintiffsMr Gachoka for the 1st DefendantMr Mwambonu for the 3rd DefendantCourt Assistant: Osodo