1. On first day the matter came up for mention on 3/2/2026, Mr. Magolo informed the court that his client had decided to have the matter withdrawn and had issued him with instructions to that effect. The present matter was thus marked as withdrawn but parties could not agree on whether costs should be paid or not and the issue was left to this court.
2. Section 27 of the Civil Procedure Act states that all costs shall follow the event save where the court orders otherwise.
3. It would be good for all parties to part amicably on all fronts, including on the issue of costs when a case is withdrawn at such an early stage. That is what the court intended to encourage the parties to do when the matter was withdrawn.
4. I find that the matter was withdrawn before a defence could be filed. The work on the suit by all the defendants was minimal; only a replying affidavit was filed to the motion dated 16/1/2026.
5. Besides, the ability of the plaintiff to make that decision of withdrawal at an early stage rather than drag all the parties and court through the entire litigation is to be commended in the spirit of the present dispensation that encourages alternative dispute resolution.
6. Consequently, I order that each party shall bear their own costs of the suit.
Dated, signed and delivered at Malindi via electronic mail on this 19th day of May 2026.
2. Section 27 of the Civil Procedure Act states that all costs shall follow the event save where the court orders otherwise.
3. It would be good for all parties to part amicably on all fronts, including on the issue of costs when a case is withdrawn at such an early stage. That is what the court intended to encourage the parties to do when the matter was withdrawn.
4. I find that the matter was withdrawn before a defence could be filed. The work on the suit by all the defendants was minimal; only a replying affidavit was filed to the motion dated 16/1/2026.
5. Besides, the ability of the plaintiff to make that decision of withdrawal at an early stage rather than drag all the parties and court through the entire litigation is to be commended in the spirit of the present dispensation that encourages alternative dispute resolution.
6. Consequently, I order that each party shall bear their own costs of the suit.
Dated, signed and delivered at Malindi via electronic mail on this 19th day of May 2026.