Kagiri v Business Registration Service; Mwangi (Interested Party) (Judicial Review E083 of 2023) [2025] KEHC 6078 (KLR) (Judicial Review) (15 May 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 6078
- Citation
- [2025] KEHC 6078 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application to withdraw suitCoramJM CHIGITI
Holding
The court can depart from the principle that costs follow the event and order each party to bear its costs.
Facts
The applicant sought leave to withdraw the suit due to the quashing of the Interested Party's complaint letter by the court, which was the main subject of the suit.
Issues
- Costs allocation in judicial review proceedings
- Whether costs follow the event
Reasoning
The court exercised its discretion to depart from the general rule that costs follow the event, considering the need to promote alternative dispute resolution and the conduct of the parties.
Outcome
Each party shall bear its costs.
Orders
- Each party shall bear its costs
Authorities cited
Legislation (1)
- Civil Procedure Act, Cap 21 of the Laws of Kenya
Cases cited (5)
- Halsbury’s Laws of England, 4th ed Re-Issue (2010), Vol. 10, para. 16
- Joseph Oduor Anode v. Kenya Red Cross Society, Nairobi High Court Civil Suit No. 66 of 2009; [2012] eKLR
- Morgan Air Cargo limited v Evrest Enterprises Limited
- Chamilabs v. Lalji Bhimji and Shamji Jinabhai Patel, High Court of Kenya, Civil Case No. 1062 of 1973
- Jasbir Singh Rai & 3 others v TarlochanSingh Rai & 4 others [2014] eKLR
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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