Pancras T. Swai v Kenya Breweries Limited [2005] KEHC 1832 (KLR)
- Court
- High Court of Kenya
- Case number
- 1832
- Citation
- [2005] KEHC 1832 (KLR)
- Decided
- 1 August 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Extension of Time and Review of OrderPostureApplication for extension of time and review of orderCoramL NJAGI
Holding
The court extends the time for depositing the security for costs by 30 days and orders that the costs of the application be borne by the plaintiff.
Facts
The plaintiff was hospitalised for 21.5 months and was unable to comply with the court order to provide security for costs within 21 days. The application was filed without undue delay.
Issues
- Extension of time for depositing security for costs
- Review of the court's order to provide security for costs
Reasoning
The court finds that the delay in depositing the security was not inordinate or unreasonable given the plaintiff's hospitalisation. The court also finds that the plaintiff has established a case for an extension of time.
Outcome
The application is granted with an extension of time for depositing the security for costs and the costs of the application are ordered to be borne by the plaintiff.
Orders
- Extension of time for depositing security for costs by 30 days
Remedies
- Extension of time for depositing security for costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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