Peter Omani Obiria v Hudson Okwema & 3 others [2020] KEELC 2331 (KLR)
- Court
- Environment & Land Court
- Case number
- 2331
- Citation
- [2020] KEELC 2331 (KLR)
- Decided
- 28 May 2020
Summary at a glance
TypeCosts ApplicationPostureRespondent seeks costs from the PlaintiffCoramKuloba
The 3rd Defendant has locus standi and the matter is not res judicata. The Applicant is entitled to costs.
Facts
The Plaintiff initiated a suit against the Defendants in 2014, which was struck out due to the 3rd Defendant's failure to comply with an order to amend the plaint. The 3rd Defendant now seeks costs for the application to be paid.
Issues
- Whether the 3rd Defendant lacks locus standi
- Whether the matter is res judicata
- Whether the Applicant is entitled to costs
Reasoning
The court found that the 3rd Defendant had locus standi and the matter was not res judicata. Costs are at the discretion of the court and shall follow the event unless the judge orders otherwise.
Outcome
The court ordered the Plaintiff to pay costs to the 3rd Defendant.
Orders
- The Plaintiff is ordered to pay costs to the 3rd Defendant
Remedies
- Costs awarded to the 3rd Defendant
Authorities cited
⚠ 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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