NICONA CONSTRUCTION CO. LTD v KEN SOUTH PLASTIC CO. LTD & 2 others [2012] KEHC 5765 (KLR)
- Court
- High Court of Kenya
- Case number
- 5765
- Citation
- [2012] KEHC 5765 (KLR)
- Decided
- 9 August 2012
The court varied the previous order to require the plaintiff to deposit at least half the sum claimed in the Bill of Costs, and if not deposited, the defendant's costs will be taxed within 3 days.
Facts
The plaintiff, Nicona Construction Co. Ltd., sought to vary a previous order granting the defendant, Ken South Plastic Co. Ltd., the release of a motor vehicle registration pending payment of auctioneer's costs. The plaintiff argued that the auctioneer's charges were exorbitant and that the defendant was willing to deposit a sum of Kshs.143,520.
Issues
- Whether the plaintiff's offer of Kshs.143,520 to deposit as auctioneer's costs is sufficient
- Whether the defendant's costs should be taxed within 3 days
Reasoning
The court found the plaintiff's offer insufficient and that a middle ground must be found, leading to the variation of the order.
Outcome
The court ordered the plaintiff to deposit at least half the sum claimed in the Bill of Costs, and if not deposited, the defendant's costs will be taxed within 3 days.
Orders
- Varying the previous order to require the plaintiff to deposit at least half the sum claimed in the Bill of Costs
- If the plaintiff does not deposit the sum, the defendant's costs will be taxed within 3 days
Remedies
- The plaintiff must deposit at least half the sum claimed in the Bill of Costs
- If the plaintiff does not deposit the sum, the defendant's costs will be taxed within 3 days
Authorities cited
Legislation (2)
- Civil Procedure Act
- Auctioneers Act
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