Rajnikant Velji Shah & another v Galot Industries Limited & 2 others [2019] KEELC 725 (KLR)
- Court
- Environment & Land Court
- Case number
- 725
- Citation
- [2019] KEELC 725 (KLR)
- Decided
- 14 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order
Holding
The court dismissed the application for security for costs and for an undertaking and/or security for damages.
Facts
The plaintiffs filed a suit against the defendants, and the defendants subsequently filed a counterclaim. The defendants then applied for an order for security for costs under Order 26 Rules 1 and 4 of the Civil Procedure Rules.
Issues
- Whether an order for security for costs should be made against the plaintiffs in favour of the applicants.
- Whether the plaintiffs should provide undertaking and/or security for damages arising from the order issued on 28 February, 2012.
Reasoning
The court found that the applicants' application for security for costs was not timely and that the plaintiffs were not residing within the jurisdiction of the court. The court also noted that the plaintiffs' claim was not founded on a bill of exchange or other negotiable instruments or on a judgment or order of a foreign court.
Outcome
The application was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (3)
- Ocean View Beach Hotel Limited v Salim Sulutan Mollo and Others
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 others
- Concord Insurance Company Ltd. v NIC Bank Ltd.
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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