Bruce Odeny & Company Advocates v Equator Bottlers Limited [2018] KEHC 668 (KLR)
- Court
- High Court of Kenya
- Case number
- 668
- Citation
- [2018] KEHC 668 (KLR)
- Decided
- 13 December 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for setting aside proceedings and remitting costsCoramT. W. CHERERE
Holding
The motion is allowed on the following terms: setting aside the proceedings and orders, remitting the Bill of Costs for fresh taxation, and condemning the applicant to pay throw away costs.
Facts
The applicant sought to set aside proceedings and subsequent orders entered against the respondent on 8th October, 2018, and remit the applicant's Bill of Costs dated 22nd June, 2018 for fresh taxation on the merit.
Issues
- Setting aside proceedings and orders
- Remitting costs
Reasoning
The court found it in the interest of justice for the applicant to defend the Bill of Costs, which was substantial, and allowed the motion with the specified terms.
Outcome
Application granted
Orders
- Setting aside proceedings and orders
- Remitting costs for fresh taxation
- Throw away costs of Kshs. 10,000
Remedies
- Remission of costs
- Throw away costs
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 Laws of Kenya
- Civil Procure Act
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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