BN Kotecha & Sons Limited & Hemal Kotecha v Amalo Company Limited (Civil Application 81 of 2019) [2021] KECA 859 (KLR) (19 March 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 859
- Citation
- [2021] KECA 859 (KLR)
- Decided
- 19 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for setting aside, review or varying the order for depositing securityCoramHannah Okwengu, P. O. Kiage, F. Sichahe
Holding
The motion is dismissed as the applicants have not given a proper reason to justify reviewing the order of 2nd September, 2019.
Facts
The applicants failed to deposit Kshs. 20,000,000 security ordered by the court on 2nd September, 2019 due to financial difficulties caused by the global pandemic.
Issues
- Whether the applicants can set aside the order for depositing security
- Whether the applicants can vary the order for depositing security
Reasoning
The applicants failed to comply with the conditional order for stay of execution and have not provided a proper reason to justify reviewing the order. The court has limited powers to correct arithmetic or clerical errors.
Outcome
The motion is dismissed.
Orders
- The motion is dismissed.
- No costs awarded.
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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