Jaoko Alexander v Nairobi City Water & Sewerage Company Ltd [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Category
Civil
Judge(s)
W. Korir
Judgment Date
October 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Jaoko Alexander v Nairobi City Water & Sewerage Company Ltd [2020] eKLR


1. Case Information:
- Name of the Case: Jaoko Alexander v. Nairobi City Water & Sewerage Company Ltd.
- Case Number: Petition No. 280 of 2016
- Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
- Date Delivered: October 29, 2020
- Category of Law: Civil
- Judge(s): W. Korir
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around the determination of costs following the withdrawal of a petition by the Petitioner, Jaoko Alexander, against the Respondent, Nairobi City Water & Sewerage Company Ltd., after the Petitioner settled an unpaid water bill.

3. Facts of the Case:
The Petitioner, Jaoko Alexander, filed a petition on June 30, 2016, contesting the disconnection of his water supply over an unpaid bill. The Respondent, Nairobi City Water & Sewerage Company Ltd., disconnected the Petitioner’s water service due to the alleged non-payment. After negotiations and the replacement of a faulty water meter, the Petitioner settled the disputed bill and withdrew his petition on July 17, 2019. However, the parties could not agree on who should bear the costs incurred during the proceedings, leading to further submissions to the court.

4. Procedural History:
The case began with the filing of the petition by the Petitioner in June 2016. After several court appearances and the eventual withdrawal of the petition in July 2019, both parties submitted their arguments regarding costs. The Respondent argued for costs due to the Petitioner’s initial claim and subsequent settlement, while the Petitioner contended that the Respondent's conduct warranted an award of costs in his favor.

5. Analysis:
- Rules: The court considered Section 27(1) of the Civil Procedure Act, which establishes that costs follow the event unless otherwise directed for good reason. The court also referenced the principles outlined in previous case law regarding the determination of costs.

- Case Law: The court cited the case of *Cecilia Karuru Ngayu v Barclays Bank of Kenya & another [2016] eKLR*, which enumerated factors for determining costs, including the conduct of the parties and the nature of the litigation. The *Rufus Njuguna Mirirngu & another v Martha Muriithi & 2 others [2012] eKLR* case was also referenced, emphasizing that a consent settlement does not necessarily indicate a successful party for costs purposes.

- Application: The court found that the Petitioner acted reasonably in filing the petition based on an unreasonable bill and was vindicated when the water meter was replaced and the bill stabilized. The court noted that the Petitioner’s withdrawal of the petition should not be held against him, as it indicated a resolution rather than a failure. Ultimately, the court concluded that it was just for each party to bear their own costs given the circumstances.

6. Conclusion:
The court ruled that each party would bear their own costs of the proceedings, reflecting a balanced approach to the situation where neither party was deemed wholly successful or at fault.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court of Kenya concluded that in the case of Jaoko Alexander v. Nairobi City Water & Sewerage Company Ltd., each party would bear its own costs following the withdrawal of the petition. This decision highlights the court’s discretion in cost awards, emphasizing fairness and the unique circumstances surrounding the case, including the Petitioner’s reasonable actions in response to a disputed water bill. The ruling serves as a significant reference point for future cases regarding cost determinations in civil proceedings.

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