ENGINEERING & SUPPORT SERVICES V RECCHI S.A.P & 2 OTHERS [2009] KEHC 2499 (KLR)
- Court
- High Court of Kenya
- Case number
- 2499
- Citation
- [2009] KEHC 2499 (KLR)
- Decided
- 19 June 2009
The Plaintiff cannot recover any costs from the 3rd Defendant as there was no privity of contract between them and the Award made against the 3rd Defendant did not make any provision for any payment to the Plaintiff.
Facts
The Plaintiff filed a suit against the 3rd Defendant, seeking to restrain the 3rd Defendant from making payments to the 1st and 2nd Defendant until provision and payment was made to the Plaintiff of sums due to it from the 1st and 2nd Defenants. The 1st and 2nd Defendant were also sought to be restrained from paying the 3rd Defendant until provision was made for payment of the Plaintiff's dues. The Plaintiff withdrew the case against the 1st and 2nd Defendant after an award in their favour.
Issues
- Whether the Plaintiff can recover costs from the 3rd Defendant
- Whether the 3rd Defendant is liable for the Plaintiff's costs
Reasoning
The Plaintiff and the 3rd Defendant had no privity of contract, and the Award against the 3rd Defendant did not provide for any payment to the Plaintiff.
Outcome
The Plaintiff's application for costs is dismissed.
Orders
- The Plaintiff's application for costs is dismissed
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