ESSENTIAL MOUNTAIN LINKS LIMITED v SECURITIES NOMINEES LIMITED & another [2006] KEHC 2114 (KLR)
- Court
- High Court of Kenya
- Case number
- 2114
- Citation
- [2006] KEHC 2114 (KLR)
- Decided
- 14 June 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from a previous judgmentCoramMARY KASANGO
Holding
The costs of the 2nd defendant will be payable by the 1st defendant.
Facts
The plaintiff and the 1st defendant entered into an agreement to buy and sell property. The 1st defendant failed to provide the original certificate of title, leading to the plaintiff issuing a notice to complete and seeking to redeem the mortgage.
Issues
- Who should pay the costs of the 2nd defendant
Reasoning
The court found that the 1st defendant's actions led to the filing of the suit, and thus the costs should be borne by the 1st defendant.
Outcome
The 1st defendant will pay the costs of the 2nd defendant.
Orders
- The 1st defendant will pay the costs of the 2nd defendant
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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