NATIONAL OIL CORPORATION OF KENYA LIMITED v ROY SPARES & HAULIERS LTD [2009] KEHC 3611 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Case 42 of 2006

NATIONAL OIL CORPORATIONOF KENYA LIMITED ……PLAINTIFF

VERSUS

ROY SPARES & HAULIERS LTD........................................DEFENDANT

R U L I N G

Applications dated 30/1/09 and 16/5/09 were heard at the same time but separately.

Firstly, parties argued application dated 30/1/2009.  Mr. Achachi addressed the court.  Notice of motion seeks to review by setting aside the order of 18th November 2008 awarding costs to the defendant for the application dated 5/6/2007 which was dismissed.  The order read:-

“The suit be struck out and/or dismissed”

The application was heard and the suit was not struck out or dismissed.  The application was dismissed.  However, upon dismissal of application the court proceeded to award costs to “applicant within 21 days”.  I do notice the error.  The court did not give reasons why the costs were to be awarded to the unsuccessful party.  The rule is that the costs are in the discretion of the court and in all cases costs shall follow the event unless there are special reasons.

I therefore allow the review and order that the order on costs be set aside so that the “costs of application dated 5/6/07” shall be to respondent.  However, the costs of this application shall be in the cause.

It is so ordered.

DATED and DELIVERED at Nairobi this 3rd day of June 2009.

JOYCE N. KHAMINWA

JUDGE