Westmont Holdings SDN. BHD v Central Bank of Kenya [2017] KECA 108 (KLR)
- Court
- Court of Appeal
- Case number
- 108
- Citation
- [2017] KECA 108 (KLR)
The court ordered Westmont to deposit security for costs in the sum of Kshs 20,000,000 within 45 days of the ruling, failing which the appeal will stand struck out with costs to CBK.
Facts
In 1998, Kamlesh Mansukhlal Pattin and Westmont filed a civil suit against the Central Bank of Kenya (CBK) for a refund of certain sums of money paid as a deposit towards the purchase of a property in Nairobi. The suit was reinstated in 2014 and concluded after 18 years. CBK filed a supplementary record of appeal and exchanged correspondence with the court registry.
Issues
- Whether to order the appellant, Westmont Holdings SDN BHD, to provide security for costs in the sum of Kshs 20,000,000
- Whether the appeal was brought after undue delay or to abuse the court process
Reasoning
The court found the appeal to be a suitable case for ordering security for costs due to the amount in dispute, other costs ordered to be paid by the appellant in the High Court, and the potential professional services and attendant costs likely to be incurred in defending the appeal.
Outcome
The appeal was ordered to be stayed pending the deposit of security for costs.
Orders
- Ordering Westmont to deposit security for costs in the sum of Kshs 20,000,000 within 45 days of the ruling
- Striking out the appeal with costs to CBK if the security is not deposited within the time frame
Remedies
- Ordering Westmont to deposit security for costs in the sum of Kshs 20,000,000 within 45 days of the ruling
- Striking out the appeal with costs to CBK if the security is not deposited within the time frame
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