Westmont Holdings Sdn.BHD v Central Bank of Kenya [2021] KECA 393 (KLR)
- Court
- Court of Appeal
- Case number
- 393
- Citation
- [2021] KECA 393 (KLR)
The Court finds the Motion to have no merit and dismisses it with costs to the respondent.
Facts
The respondent (Central Bank of Kenya) filed an application for security for costs in the sum of Ksh.87,620,000. The applicant (Westmont Holdings SDN.BHD) sued the respondent for Ksh.185,500,000, claiming a refund of certain sums of money paid as a deposit towards the purchase of a property in Nairobi. The suit was dismissed, and the applicant appealed.
Issues
- Whether the issue to be canvassed on appeal transcends the circumstances of the particular case and has a significant bearing on the public interest.
- Whether the point of law raised is substantial and will have a significant bearing on the public interest.
Reasoning
The Court ruled that the issue of awarding costs or an order directing the payment of security for costs is not substantial and there is no uncertainty in law on that issue. The Court also stated that determinations of fact in contests between parties are not a basis for granting certification for an appeal before the Supreme Court.
Outcome
Dismissed with costs
Orders
- Payment of further security for costs
Authorities cited
Cases cited (2)
- Hermanus Phillipus Steyn v Giovanni Gnecchi – Ruscone [2013] eKLR
- Malcom Bell v Daniel Toroitich Arap Moi & Others Supreme Court Application No. 1 of 2013
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