VERONICA WANJIRU NGIBUINI & 3 OTHERS V REAH MARIE GITHAIGA & 7 OTHERS [2012] KEHC 4206 (KLR)
- Court
- High Court of Kenya
- Case number
- 4206
- Citation
- [2012] KEHC 4206 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion for security for costsCoramG.K. KIMONDO
Holding
The court ordered the plaintiffs to jointly deposit Kshs 200,000 into a joint interest earning account within 30 days.
Facts
The plaintiffs are residents of Kenya and Kenyan citizens, while the 8th defendant, R.M. Mutiso, seeks security for costs from the plaintiffs due to their lack of assets in Kenya.
Issues
- Whether the plaintiffs have means to meet the defendant's costs
- The amount of security for costs to be ordered
Reasoning
The court found that the plaintiffs have means to meet the defendant's costs, but the amount sought was excessive. The court ordered a lesser amount of Kshs 200,000.
Outcome
The plaintiffs are ordered to deposit Kshs 200,000 into a joint account within 30 days, or the plaintiffs' suit against the defendant will be struck out with costs.
Orders
- Order for security for costs in the sum of Kshs 200,000
Remedies
- Striking out the plaintiffs' suit against the defendant if the deposit is not made within 30 days
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (5)
- Shah vs Shah
- Keary Developments Ltd vs Tarmac Construction Ltd
- Procon Ltd vs Provincial Building Company
- Jismaji vs Saheb
- Kenya Education Trust Limited vs Katherine S.M. Whittan
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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