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ABN AMRO BANK N.V v KENYA PIPELINE COMPANY [2012] KEHC 6000 (KLR)

[2012] KEHC 6000 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6000
Citation
[2012] KEHC 6000 (KLR)
Decided
1 October 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's application for security for costs dismissedCoramD. MUSINGA
Holding

The defendant's application for security for costs is dismissed with costs to the plaintiff.

Facts

The defendant, Kenya Pipeline Company, applied for security for costs against the plaintiff, ABN AMRO Bank N.V., alleging the plaintiff filed the suit to pursue damages in the sum of US$17,105,970.15.

Issues

  1. Defendant's ability to pay costs
  2. Plaintiff's reputation and international presence

Reasoning

The court found no evidence that the plaintiff will be unable to pay the defendant's costs if the plaintiff does not succeed in its case. The plaintiff is a reputable bank with extensive international repute.

Outcome

Defendant's application dismissed

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Companies Act
  • Civil Procedure Rules
Cases cited (1)
  • SIR LINDSAY PARKINSON & CO LTD V TRIPLAN LTD [1973] QB 60
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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