Lucy N. Momanyi T/A L. N. Momanyi & Company Advocate v George Walter Shultz [2012] KEHC 1815 (KLR)
- Court
- High Court of Kenya
- Case number
- 1815
- Citation
- [2012] KEHC 1815 (KLR)
- Decided
- 2 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramJ. W. MWERA
Holding
The court orders the plaintiff to file a suitable bank guarantee or deposit cash for Shs. 3.5 million within 30 days, and to prepare the case for hearing.
Facts
The plaintiff filed a chamber summons and obtained a decree, while the defendant filed a counter-claim and also obtained a decree. The defendant claims the plaintiff filed her reply and defense to the counter-claim 7 years after the deadline without court leave.
Issues
- Whether the plaintiff's late filings were justified
- Whether the defendant's counter-claim should be dismissed
Reasoning
The court finds the plaintiff's late filings unjustified and orders the plaintiff to file a suitable bank guarantee or deposit cash for the counter-claim.
Outcome
Appeal granted
Orders
- The plaintiff to file a suitable bank guarantee or deposit cash for Shs. 3.5 million within 30 days
- The parties to prepare the case for hearing
Remedies
- Bank guarantee or cash deposit for Shs. 3.5 million
- Preparation of the case for hearing
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order IXA rule 10
- Order XXI rule 22
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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