Titus Mwirigi v Imelda Muramba Juma (Sued as the Court Appointed Manager & Guardian of the Estate of Professor Francis Doil Juma) [2020] KEELC 3437 (KLR)
- Court
- Environment & Land Court
- Case number
- 3437
- Citation
- [2020] KEELC 3437 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureAppeal from an order denying costsCoramK.BOR
Holding
The court declines to award the Defendant costs as the Defendant did not inform the Plaintiff that Professor Juma had died before the Plaintiff filed the suit.
Facts
The Plaintiff withdrew the suit on 9/5/2013, and the Defendant claimed costs. The Plaintiff filed the suit on 18/7/2016 against the Defendant, who was not the administrator of the estate of Professor Francis Doil Juma.
Issues
- Whether the Defendant is entitled to costs for the withdrawn suit
Reasoning
The court found that the Defendant's conduct was a demonstration of bad faith and ill will, as she did not disclose Professor Juma's death before the suit was filed.
Outcome
The court denies the Defendant's request for costs and orders that each party bear their own costs for the withdrawn suit.
Orders
- Each party will bear their own costs for the withdrawn suit.
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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