OCEAN VIEW BEACH HOTEL LIMITED V SALIM SULTAN MOLOO & 5 OTHERS [2012] KEHC 3014 (KLR)
- Court
- High Court of Kenya
- Case number
- 3014
- Citation
- [2012] KEHC 3014 (KLR)
- Decided
- 19 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramF. TUIYOTT
Holding
The Court ordered the Plaintiff to deposit Kshs. 5,000,000 into an interest-earning account held jointly with the 1st, 2nd, and 4th Defendants' counsel or provide a bank guarantee.
Facts
The 1st, 2nd, and 4th Defendants filed a Notice of Motion seeking security for costs from the Plaintiff. The Plaintiff denied executing any agreement or transfer regarding the property's ownership.
Issues
- Whether the Plaintiff should provide security for costs
- The amount and form of security to be provided
Reasoning
The Court granted security for costs to protect the Defendants from incurring expenses on a litigation they may never recover, but also to avoid stifling the Plaintiff's claim.
Outcome
The Plaintiff was ordered to provide security for costs in the sum of Kshs. 5,000,000.
Orders
- The Plaintiff shall deposit the sum of Kshs. 5,000,000 into an interest-earning account to be held jointly by the Plaintiffs and the 1st, 2nd and 4th Defendants Counsel or furnish a Bank Guarantee for the sum of Kshs. 5,000,000.
- Compliance with (a) above shall be within 90 (ninety) days of today.
- In default the 1st, 2nd & 4th Defendants shall be at liberty to apply for the dismissal of this suit under Order 26 Rule 5 (Civil Procedure Rules).
- Costs of the application of 7th March 2012 to the 1st, 2nd and 4th Defendants to be paid by the Plaintiff.
Remedies
- Security for costs
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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