Owners of the Motor Yacht "Sea Jaguar" v Alpha Logistics Services (EPZ) Limited (Civil Appeal (Application) E012 of 2020) [2022] KECA 1240 (KLR) (4 November 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1240
- Citation
- [2022] KECA 1240 (KLR)
- Decided
- 4 November 2022
The Court ordered the Respondent to provide security for costs in the sum of Kshs 15,000,000/= by way of a deposit into the parties' Advocates' joint account within a period to be fixed by the Court prior to the hearing of the appeal.
Facts
The Respondent, Blue Thaitian SRL, the Owners of the Motor Yacht 'Sea Jaguar', is the Appellant in the main appeal and the Respondent in this application. The Respondent was placed into liquidation after the Applicant, Alpha Logistics Services (EPZ) Limited, won an admiralty proceeding against them in the High Court.
Issues
- Whether the Respondent should provide security for costs for the High Court proceedings and the appeal
- Whether the liquidation of the Respondent affects the Respondent's obligation to provide security for costs
Reasoning
The Court held that the Respondent's liquidation does not affect their obligation to provide security for costs, and granted the application.
Outcome
The appeal was dismissed due to the Respondent's failure to provide security for costs.
Orders
- Ordering the Respondent to provide security for costs in the sum of Kshs 15,000,000/= by way of a deposit into the parties' Advocates' joint account within a period to be fixed by the Court prior to the hearing of the appeal.
- Ordering the dismissal of the appeal if the Respondent fails to provide the security
Authorities cited
Cases cited (1)
- Marco Tools & Explosives Ltd vs Mamujee Brothers Ltd, [1988] KLR 730
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