Paustina Auma Ojwang v John Onyango Owangi & 2 others [2020] KEELC 2999 (KLR)
- Court
- Environment & Land Court
- Case number
- 2999
- Citation
- [2020] KEELC 2999 (KLR)
- Decided
- 29 April 2020
The court found that costs follow the event, but the plaintiff should not be condemned to pay costs as it would enable the defendants to benefit from their own breach of the sale agreement.
Facts
The plaintiff, Paustina Auma Ojwang, withdrew her suit against the defendants, John Onyango Owangi and James Odhiambo Owangi, due to issues with pleading particulars and the issue of limitation in her plaint. The plaintiff claimed that her advocates failed to properly advise her on the proper institution of the suit.
Issues
- Whether the plaintiff should be exempted from paying costs due to her withdrawal of the suit.
- Whether the defendants should be awarded costs of the withdrawn suit.
Reasoning
The court ruled that costs follow the event, but the plaintiff's withdrawal was due to issues with pleading particulars and the issue of limitation, not a failure to prove her case.
Outcome
The court awarded 1/2 costs on instructions fees to be agreed on or taxed, costs awarded to the defendants by the ruling delivered on 6th December 2017 to be paid as is, and costs for the remainder of the attendances and/or items chargeable to be borne by each respective parties.
Orders
- Award 1/2 costs on instructions fees to be agreed on or taxed.
- Costs awarded to the defendants by the ruling delivered on 6th December 2017 to be paid as is.
- Costs for the remainder of the attendances and/or items chargeable to be borne by each respective parties.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Limitation of Actions Act
- Registered Land Act
Cases cited (2)
- Rufus Njuguna Miringu & Another Vs Martha Muriithi & 2 Others [2012] eKLR
- Aggrey George Namenge Vs Claire Makokha (2011) eKLR
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