Boniface Gakonyo Karamu & another v Kinyua Kajiu Josphat [2019] KEELC 4161 (KLR)
- Court
- Environment & Land Court
- Case number
- 4161
- Citation
- [2019] KEELC 4161 (KLR)
- Decided
- 20 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from an original trialCoramHON. LUCY. N. MBUGUA, C.P Mbaabu for applicant
Holding
The court finds the application was not withdrawn timeously and directs the respondent to bear 1/3 of the costs of the suit.
Facts
The applicants filed an application for the transfer of a case from Marimanti court to Meru Chief Magistrates court. The application was withdrawn, and the respondent argued for costs.
Issues
- Whether the application for transfer was timeously withdrawn
- Who should bear the costs if any
Reasoning
The court found that the application was not withdrawn timeously as the applicant did not move the court on his own motion to state that circumstances had changed at Marimanti court. The court also considered that the application was withdrawn and not prosecuted.
Outcome
The application was withdrawn and the respondent was directed to bear 1/3 of the costs of the suit.
Orders
- The application for transfer of the case was withdrawn.
- The respondent was directed to bear 1/3 of the costs of the suit.
Authorities cited
Legislation (1)
- Section 27 (1) of the Civil Procedure Act
Cases cited (3)
- Jasbin Singh Rai and 3 others vs Tarlochan Signh Rai and 4 others
- Terra Coffee Estate Ltd vs Swani Coffee Estate Ltd
- Cecilia Karuru Ngayu vs Barclays Bank of Kenya & another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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