I have considered the application by Mr Wabuko that the suit be withdrawn with no order as to costs. I have also considered the submissions.
Costs are usually at the discretion of the court. The general rule is that costs follow the event. There can be a departure from that rule, for good reason.
The Plaintiff has argued that there was a valid reason to file the suit since the Defendant had not developed the suit property. I note that the report by the Deputy Registrar states that construction was going on on the suit property as at the date of the visit on 23rd August 2024. The photographs annexed also disclose a recent development.
In her testimony, the Defendant stated that she sought approval for development when she learnt that the Plaintiff wanted to repossess.
I have also considered the Defendant’s witness statement filed on 17th June 2022 and Plaintiff’s exhibit number 3 which all show that the Defendant had not developed by the time the suit was filed.
There is thus sufficient reason to depart from the general rule that costs follow the event.
The suit is marked withdrawn. No order on costs.
Dated at Kakamega this 17th day of October 2024.