Moses Wachira v Niels Bruel & 2 others [2015] KECA 648 (KLR)
- Court
- Court of Appeal
- Case number
- 648
- Citation
- [2015] KECA 648 (KLR)
- Decided
- 12 June 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for an order for security for costs and joinder of parties pending the hearing and determination of an appealCoramJ. MOHAMMED, Koome, Okwengu, Warsame
Holding
The Court of Appeal dismissed the application for further security for costs and refused to stay the appeal or join the parties.
Facts
The applicant (plaintiff in the High Court) sought various orders, including attachment of four aircrafts. The application was granted by Warsame, J. Judgment was delivered on 30th March, 2011, where Okwengu, J found in favor of the applicant.
Issues
- whether security of costs should be awarded
- whether the notice and record of appeal should be served on the parties identified by the applicant as being affected by the appeal
Reasoning
The Court exercised its discretion under Rule 107 of the Court of Appeal Rules, 2010, and held that the fact that the 1st respondent is a foreign national and not resident in Kenya is not a sufficient ground to warrant the grant of the orders sought to furnish further security for costs.
Outcome
Application dismissed
Orders
- The 1st respondent/appellant be compelled to effect service of the notice of appeal and the record of appeal on other parties
- The appeal be stayed pending the said service
- The 1st respondent/appellant be ordered to provide security for the applicant’s costs of the suit in the sum of KShs. 2 million within 30 days to be held in an interest-bearing account in the joint names of the advocates
- The appeal be stayed pending the deposit of such security
- The appeal be struck out with costs
Authorities cited
Legislation (3)
- Court of Appeal Rules 2010
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (4)
- NOOR MOHAMMED ABDULLA V PATEL
- MARCO TOOLS & EXPLOSIVES LTD V MAMUJEE BROTHERS LTD
- GATIRAU PETER MUNYA V DICKSON MWENDA GITHINJI AND 2 OTHERS
- MAMA NGINA KENYATTA AND ANOTHER V MAHIRA HOUSING COMPANY
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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