Jesse Kamau Tanu v J A Guserwa [2007] KEHC 2602 (KLR)
- Court
- High Court of Kenya
- Case number
- 2602
- Citation
- [2007] KEHC 2602 (KLR)
- Decided
- 29 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for security for costs and strike out of the plaintiff's suitCoramR. NAMBUYE
Holding
The application for security for costs is allowed, and the plaintiff is ordered to deposit Kshs 50,000.00 as security for costs into court within 90 days from the date of the ruling.
Facts
The defendant/applicant filed an application seeking to strike out the plaintiff's suit and order security for costs. The plaintiff/respondent filed a counter claim for damages for professional negligence.
Issues
- Whether the plaintiff's suit should be struck out
- Whether the plaintiff should provide security for costs
Reasoning
The court found that the plaintiff's suit raises triable issues and that the defendant/applicant has a genuine concern about the plaintiff's ability to pay costs. The court ordered security for costs to be Kshs 50,000.00.
Outcome
The application for security for costs is granted.
Orders
- The plaintiff is ordered to deposit Kshs 50,000.00 as security for costs into court within 90 days from the date of the ruling.
- The defendant applicant is awarded 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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