KENYA OIL COMPANY LIMITED v FLEUR INVESTMENTS LIMITED [2009] KEHC 3191 (KLR)
- Court
- High Court of Kenya
- Case number
- 3191
- Citation
- [2009] KEHC 3191 (KLR)
- Decided
- 24 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to order the plaintiff to pay the defendant's getting up feesCoramL. KIMARU
Holding
The plaintiff's application for review is allowed, and the order to pay the defendant's getting up fees is set aside in favor of awarding the defendant adjournment costs for the day.
Facts
The plaintiff sought adjournment to amend its plaint, which was granted. The plaintiff did not pay the costs ordered, leading to an application for review.
Issues
- Whether the plaintiff established a case to review the court's decision on the ground of a mistake or error apparent on the face of the record
- Whether the plaintiff was treated unfairly in the court's decision
Reasoning
The court found that the plaintiff was treated unfairly and that the defendant was entitled to adjournment costs for the day, not the full amount ordered.
Outcome
The plaintiff's application for review is allowed, and the order to pay the defendant's getting up fees is set aside.
Orders
- The order to pay the defendant's getting up fees is set aside.
- An order is substituted awarding the defendant adjournment costs for the day in the amount of Kshs.5,000/=
Remedies
- The defendant is awarded adjournment costs for the day in the amount of Kshs.5,000/=
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order XLIV Rule 1 of the Civil Procedure Rule
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.
Loading judgment…