MARIAM MWENI MUSEMBI & another v FERNANDO VISCHI & 4 others [2009] KEHC 1190 (KLR)
- Court
- High Court of Kenya
- Case number
- 1190
- Citation
- [2009] KEHC 1190 (KLR)
- Decided
- 8 October 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to expunge undertaking as to damagesCoramH. A. Omondi
Holding
The application is dismissed with costs
Facts
The plaintiffs filed an undertaking as to damages in the sum of Ksh 10,000,000/- on 1st April 2009, signed by the plaintiffs. The defendants contested the validity of the undertaking.
Issues
- Validity of the undertaking as to damages
- Enforcement of the undertaking as to damages
Reasoning
The court found the application to be frivolous and dismissed it. The undertaking was filed after the time prescribed had lapsed, and the court did not find any statutory prescription of an undertaking's contents.
Outcome
Application dismissed
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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