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David Ngati & 4 others & others v Embakasi Village Craft Curios & Jua Kali Association & 11 others [2020] KEELC 3367 (KLR)

[2020] KEELC 3367 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3367
Citation
[2020] KEELC 3367 (KLR)
Decided
25 February 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCosts and Stay of ProceedingsPostureAppeal from a lower court decisionCoramGacheru, Mutungi
Holding

The court agrees with the Defendants that they are entitled to the costs of the suit following the withdrawal of the suit except for the applications in which the court already awarded costs. Proceedings in ELC Case No. 63 of 2018 will be stayed until the costs in this suit are paid.

Facts

The Plaintiffs withdrew their suit and the Defendants applied for costs and a stay of proceedings in a separate ELC Case No. 63 of 2018. The Plaintiffs withdrew their suit on 6/5/2019, and the Defendants applied for costs on 7/6/2019.

Issues

  1. Costs of the withdrawn suit
  2. Stay of proceedings in ELC Case No. 63 of 2018

Reasoning

The court notes that the Defendants were awarded costs in previous applications and the reason for the withdrawal of the suit.

Outcome

The court ordered the stay of proceedings in ELC Case No. 63 of 2018 until the costs in this suit are paid.

Orders

  • Stay of proceedings in ELC Case No. 63 of 2018 until the costs in this suit are paid
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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