Rainbow Acres Limited v Nic Bank Limited [2015] KEHC 1965 (KLR)
- Court
- High Court of Kenya
- Case number
- 1965
- Citation
- [2015] KEHC 1965 (KLR)
- Decided
- 30 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for extension of time grantedCoramF. GIKONYO
Holding
The court grants a 30-day extension for the plaintiff to deposit the sum claimed, with automatic lapse of the injunction if the sum is not deposited by August 31, 2015.
Facts
The plaintiff applied for an extension of time to deposit the sum claimed in the case, which was ordered to be deposited within 45 days in a joint account with the defendant's advocate and the Deputy Registrar.
Issues
- Whether the plaintiff has made concerted efforts to raise the amount claimed
- Whether the plaintiff will suffer any prejudice if the extension is granted
Reasoning
The court found that the plaintiff had not shown efforts to comply with the order and engaged the court process to delay the matter. However, a reasonable extension is granted for justice.
Outcome
Extension of time granted
Orders
- Extension of time granted for 30 days
Remedies
- Automatic lapse of injunction if sum is not deposited by August 31, 2015
Authorities cited
Legislation (1)
- Order 50 Rule 6 of the Civil Procedure Rules
Cases cited (1)
- London Distillers (K) Ltd V Philip Kipchirchir & 2 Others [2007] eKLR
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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