Kihiumwiri Farmers Company Limited v Breeze Investments Company Ltd & 3 others [2019] KEELC 3983 (KLR)

Facts

The 1st Defendant filed a motion for security for costs, alleging the Plaintiff might not be able to settle costs if the suit is unsuccessful, and the Plaintiff's company was wound up and not involved in economic activity.

Issues

1. Whether the Plaintiff should be compelled to deposit security for costs
2. Whether the security for costs should be Ksh.3.0 Million
3. Whether the security should be deposited into a joint interest account in the names of Advocate's for the Defendant and Plaintiff
4. Whether the costs of the application should be borne by the Plaintiff

Reasoning

The Court finds that the Plaintiff is not at risk of not being able to settle costs, and the Plaintiff has incurred significant expenses in defending the suit.

Outcome

The motion for security for costs is dismissed.