Nyabola v Ochola [2023] KEELC 17484 (KLR)

Nyabola v Ochola (Environment & Land Case E001 of 2023) [2023] KEELC 17484 (KLR) (23 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17484 (KLR)

Republic of Kenya

In the Environment and Land Court at Siaya

Environment & Land Case E001 of 2023

AY Koross, J

May 23, 2023

Between

Francis Ollaoh Nyabola

Plaintiff

and

Mary Atieno Ochola

Defendant

Ruling

1. Though the parties entered a consent on settlement of the case, they disagreed on costs. Both Counsels were in consensus that it is trite law that costs follow the event, it is discretory and the guiding provision of law is Section 27 (1) of the Civil Procedure Act.

2. The issue of contention between the parties was the intention of the plaintiff in filing the suit. He knew they are in-laws with a close family relationship. The issue could have been resolved amicably.

3. Having heard the counsels submissions, it is my considered view that it is settled law costs follow the event and the court has to consider the circumstances of each case in exercising its discretion. The plaintiff and defendant are close family relations and as this court has held in its previous decisions, in such special circumstances, each party shall bear their respective costs.

4. I hereby exercise my discretion and find that the parties herein shall bear their respective costs. It is so ordered.

5. The matter is marked as settled.

DELIVERED AND DATED AT SIAYA THIS 23RD DAY OF MAY 2023. HON. A. Y. KOROSSJUDGE23/05/2023Ruling delivered in the Presence of:Mr. Ooro F. for the plaintiffMr. Otieno for the defendantCourt assistant: Ishmael Orwa