Corporate Security Services Limited v Linksoft Communication Systems Limited [2016] KEHC 8501 (KLR)
- Court
- High Court of Kenya
- Case number
- 8501
- Citation
- [2016] KEHC 8501 (KLR)
- Decided
- 19 February 2016
The Court dismisses the Defendant's motion to stay the judgment and set aside the interlocutory judgment, finding that the Defendant has not demonstrated a defence on the merits or a good cause to warrant the setting aside of the interlocutory judgment.
Facts
The Plaintiff filed a suit against the Defendant in High Court Civil Case No. 271 of 2012, which the Plaintiff's advocate withdrew after the Defendant raised a preliminary objection regarding the advocate's practising status. The Plaintiff then filed the current suit on April 4, 2013, without settling the Defendant's costs from the previous suit. The Defendant claims the Plaintiff's advocate acted in bad faith by requesting judgment during out-of-court negotiations.
Issues
- Defendant's Motion to Stay Judgment and Set Aside Interlocutory Judgment
- Defendant's Motion to Stay Auctioneer's Bill of Costs
Reasoning
The Court finds that the Defendant did not demonstrate a defence on the merits and that the application was not made timeously. The negotiations were on a 'without prejudice' basis and did not lead to a settlement.
Outcome
The Defendant's motion is dismissed with costs to the Plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (1)
- Cooperative bank of Kenya Ltd vs. Shiraz Sayani
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