PAN AFRICAN BANK LTD v JASOP LIMITED & 2 OTHERS [2002] KEHC 1066 (KLR)
- Court
- High Court of Kenya
- Case number
- 1066
- Citation
- [2002] KEHC 1066 (KLR)
- Decided
- 14 March 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for security for costsCoramR KULOBA
Holding
The court finds no credible testimony that the plaintiff is unable to pay the defendants' costs and dismisses the application.
Facts
The plaintiff bank (in liquidation) seeks security for the costs of the second and third defendants, who are guarantors of a loan and credit facilities made by the plaintiff to the first defendant. The defendants argue that the plaintiff is insolvent and cannot pay the costs.
Issues
- Whether the plaintiff is insolvent and unable to pay the defendants' costs
- Whether the defendants have a valid defence to the plaintiff's claim
Reasoning
The court considers the plaintiff's insolvency and the defendants' defenses, concluding that the plaintiff has a solvent underwriter and the defendants have not shown inability to pay.
Outcome
Application dismissed
Orders
- The applicants (defendants) shall pay the plaintiff's costs of the application
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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