Organics 4 Orphans International v Thrive for Good Foundation & 16 others [2022] KEELC 352 (KLR)
- Court
- Environment & Land Court
- Case number
- 352
- Citation
- [2022] KEELC 352 (KLR)
- Decided
- 6 April 2022
Summary at a glance
TypeCosts DeterminationPostureApplication to determine costs of a suitCoramDR. IUR FRED NYAGAKA
The costs of the suit and interlocutory proceedings shall be borne by the individuals who instructed the firm of Ms Kraido & Company Advocates who were their agents.
Facts
The Plaintiff's law firm ceased acting for the Plaintiff on 02/12/2021, and the Plaintiff's directors had the authority to withdraw the suit. The Defendants argued that they had incurred costs due to the suit, while the Plaintiff's law firm argued that the suit should not be withdrawn.
Issues
- Who should bear the costs of the suit
- Whether the suit should be withdrawn
Reasoning
The court found that the suit should be discontinued due to the struggle for representation of the Plaintiff and the lack of authority to institute and maintain the suit.
Outcome
The Application is struck out with costs to the respondents and the suit is wholly discontinued.
Orders
- The Application dated 07/07/2021 and filed on 08/07/2021 is marked as struck out with costs to the respondents.
- The suit is marked as wholly discontinued.
- The costs of the entire suit and interlocutory proceedings shall be borne by the individuals who instructed the firm of Ms Kraido & Company Advocates who were their agents.
⚠ 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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