Joseph Gachagua & another v Alice C. Kalya & 4 others [2015] KEHC 1347 (KLR)
- Court
- High Court of Kenya
- Case number
- 1347
- Citation
- [2015] KEHC 1347 (KLR)
- Decided
- 6 October 2015
The request for judgment on costs of a wholly withdrawn suit is dismissed with no orders as to costs
Facts
The plaintiffs filed a suit against the defendants, officials of the Agricultural Society of Kenya, alleging that the defendants had made new rules contrary to the society's constitution and had improperly removed council members. The plaintiffs sought injunctive and declaratory orders. The defendants entered an appearance and filed a defence on their own volition.
Issues
- Whether the defendants are entitled to costs of a suit that was wholly withdrawn
- Whether the request for judgment on costs of a wholly discontinued suit is premature
Reasoning
The notice of withdrawal of the suit was not endorsed by the Deputy Registrar until 9th July 2015, and the request for judgment on costs was made on 8th July 2015, which was premature. Additionally, the defendants were never served with any court process requiring them to file a response.
Outcome
The request for judgment on costs of a wholly withdrawn suit is dismissed with no orders as to costs
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