BAKARI ALI OGADA & 245 OTHERS v UNILEVER KENYA LIMITED [2008] KEHC 1034 (KLR)
- Court
- High Court of Kenya
- Case number
- 1034
- Citation
- [2008] KEHC 1034 (KLR)
- Decided
- 31 October 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks security for costs and stay of suitCoramLESIIT, J.
Holding
The court will order security for costs, but the plaintiffs are given 60 days to provide it. If they default, the defendant can apply for dismissal.
Facts
246 plaintiffs filed a suit against their former employer UNILEVER KENYA LIMITED for unpaid wages and other relief. The defendant claims it does not know the residential addresses of the plaintiffs and that they do not have a regular income.
Issues
- whether to order security for costs
- whether to stay the suit until security is provided
Reasoning
The court balances the interests of both parties, considering the defendant's difficulty in recovering costs and the plaintiffs' right to pursue their claim.
Outcome
The application is granted.
Orders
- Plaintiffs provide security for costs of Kshs.306,250 within 60 days
- If plaintiffs default, the defendant can apply for dismissal
Remedies
- Security for costs
Authorities cited
Cases cited (2)
- KEARY DEVELOPMENTS LIMITED VS. TARMAC CONSTRUCTION LIMITED & ANOTHER [1995] 3 ALL ER 534
- KIBIWOTT & 4 OTHERS VS. REGISTERED TRUSTEES OF MONASTERY OUR LADY OF VICTORY Nakuru HCCC No. 146 of 2004 [2004] eKLR
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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