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Samuel Kaimenyi Anampiu & 3 others v County Government of Kajiado & another [2019] KEELC 3158 (KLR)

[2019] KEELC 3158 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3158
Citation
[2019] KEELC 3158 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCosts DisputePostureAppeal from an original trial decisionCoramJustice Kuloba (as he then was)
The court awarded costs to the Plaintiffs as the successful party, as the event (the result of the entire litigation) favored the Plaintiffs.

Facts

The Plaintiffs filed a suit on May 10, 2016, seeking a declaration and injunction against the County Government of Kajiado. The 2nd Defendant did not participate in the consent, and the suit is still pending.

Issues

  • Costs determination

Reasoning

The court applied Section 27(1) of the Civil Procedure Act, which allows the court to determine costs based on discretion. The court also considered the principle that costs follow the event, and the Plaintiffs were the successful party.

Outcome

Costs awarded to Plaintiffs

Orders

  • Award of costs to Plaintiffs

Authorities cited

Legislation (1)
  • Civil Procedure Act
Cases cited (6)
  • Little Africa Kenya Limited v Andrew Mwiti Jason Civil Case No. 149 of 2011
  • Stanley Kaunga Nkarichia v Meru Teachers College & Anor (2016) eKLR
  • Cecilia Karuru Ngayu v Barclays Bank of Kenya & Credit Reference Bureau Africa Ltd
  • Rufus Njuguna Miringu & Another v Martha Murithi & 2 Others (2012) eKLR
  • Party of Independent Candidate of Kenya v Mutula Kilonzo & 2 Others
  • ORIX OIL (KENYA) LIMITED v PAUL KABEU & 2 OTHER [2014] eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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