Top Image Media Consultants Ltd v Jamii Bora Bank Ltd & another (Civil Suit 88 of 2019) [2022] KEHC 10568 (KLR) (Commercial and Tax) (10 June 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10568
- Citation
- [2022] KEHC 10568 (KLR)
- Decided
- 10 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DisputePostureAppeal from a previous withdrawal of the suitCoramMSHILA
Holding
The court held that the act of recording the consent is not an event within the phrase 'costs follow the event'. Costs are discretionary and follow the event unless the court orders otherwise.
Facts
The plaintiff withdrew the suit against the defendants with no orders as to costs. The defendants prayed for costs, and the court directed the parties to file submissions on costs.
Issues
- Whether the 1st Defendant is entitled to costs of the suit?
Reasoning
The court cited Section 27 of the Civil Procedure Act, which states that costs are discretionary and follow the event unless the court orders otherwise. The court also referred to the principle that costs should follow the event unless there are good reasons not to.
Outcome
The court ruled that the 1st Defendant is not entitled to costs of the suit.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Party of Independent Candidate of Kenya & another vs Mutula Kilonzo & 2 others [2013] eKLR
- Morgan Air Cargo Limited v Evrest Enterprises Limited (supra)
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.
Loading judgment…