Oluta (Substituted with Leonard Wafula Makhanu) v Nandieki & 3 others (Enviromental and Land Originating Summons 67 of 2015) [2024] KEELC 7375 (KLR) (7 November 2024) (Ruling)

Facts

The plaintiff, Francis Bede Juma Oluta, sought to acquire a portion of land measuring 10.8 hectares by adverse possession. The defendants, Francis Wesonga Nandieki, James Okello Nandieki, Nyongesa Nandieki Eugine, and George Charles Nandieki, defended the suit by claiming they were administrators of the estate of Jacob Nandieki, which included the suit land.

Issues

1. Whether the defendants are entitled to costs after the plaintiff withdrew the suit
2. Whether the defendants' appointment as administrators of the estate of Jacob Nandieki was valid

Reasoning

The court ruled that the defendants are entitled to costs as a matter of course, unless there is a 'good reason' for the court to deny them. The court found no 'good reason' to deny the defendants their costs.

Outcome

The plaintiff is ordered to pay the defendants' costs of the withdrawn suit.

Authorities cited