Jossmas Enterprises v City Council Of Nairobi [2014] KEHC 3488 (KLR)
- Court
- High Court of Kenya
- Case number
- 3488
- Citation
- [2014] KEHC 3488 (KLR)
- Decided
- 4 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suit with no costs awardedCoramE. K. O. OGOLA
Holding
The court allows the review of the orders made on 2 May 2014 and orders that the Plaintiff shall pay the costs of the suit.
Facts
The Plaintiff, Jossmas Enterprises, filed a suit against the Defendant, City Council of Nairobi, on 24 April 2014. The suit was dismissed on 2 May 2014 for want of prosecution. The Defendant did not request costs, and the Plaintiff did not attend the court on the date of the dismissal.
Issues
- Whether the court should review its dismissal of the suit with no costs awarded
- Whether the Plaintiff should be ordered to pay costs of the suit
Reasoning
The court considers the general rule that costs follow the event and finds that the Defendant has been put to loss and expense in defending the suit. The court grants the Plaintiff's request for costs.
Outcome
The Plaintiff is ordered to pay the costs of the suit.
Orders
- The Plaintiff shall pay the costs of the suit.
- The costs of the application shall be in the cause.
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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