Essar Telecom Kenya Limited v Joseph Ondongo Okumu & another [2015] KEHC 1367 (KLR)
- Court
- High Court of Kenya
- Case number
- 1367
- Citation
- [2015] KEHC 1367 (KLR)
- Decided
- 15 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendants' application for security for costs grantedCoramR.E. Aburili J, C.A Adline
Holding
The court grants the defendant's application for security for costs and orders the plaintiff to furnish security for costs in the sum of Kshs 2,000,000 within 21 days from the date of the ruling.
Facts
The plaintiff was pulling out of Kenya's telecommunications business, laying off employees, and had commenced the process of selling its infrastructure and subscribers to other communication service providers.
Issues
- Whether the plaintiff should be ordered to furnish security for costs
- Whether the application has been brought with reasonable promptitude
Reasoning
The court finds no prejudice in ordering security for costs and grants the application based on the grounds that the defendants have a good defense and a meritorious counterclaim.
Outcome
The application is granted.
Orders
- The plaintiff is ordered to furnish security for costs in the sum of Kshs 2,000,000 within 21 days from the date of the ruling.
- The security for costs to be deposited in an interest earning reputable bank account to be opened and operated in the joint names of the firms of Atonga Miyare & Associates Advocates and Njuguna & Partners Advocates within the said 21 days from the date of the ruling.
- In default, the defendants may apply under Order 26 Rule 5(1) of the Civil Procedure Rule for costs to be in the cause.
Remedies
- Security for costs in the sum of Kshs 2,000,000
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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