Femina Dawoodia v Klarissa Wills & 2 others ; Joy Wanjiku Vogt & another (Interested Parties) [2019] KEHC 1417 (KLR)
- Court
- High Court of Kenya
- Case number
- 1417
- Citation
- [2019] KEHC 1417 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for CostsCoramD. S. MAJANJA
Holding
The suit is deemed to have been filed on the date the plaint was filed, and the Notice of Motion is dismissed with no order as to costs.
Facts
The plaintiff failed to pay court fees at the time of filing the suit, leading to the suit being time barred. The plaintiff paid the correct court fees after the suit was filed.
Issues
- Whether the suit was time barred due to the plaintiff's failure to pay court fees
- Whether the plaintiff should be punished for the failure to pay court fees
Reasoning
The court held that the plaintiff should not be punished for the failure to pay court fees as there was no evidence of her involvement in the fraud and she had regularized the position by paying the assessed court filing fee.
Outcome
Dismissed with no order as to costs
Orders
- The Notice of Motion is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
- Order 51 Rule 1 of the Civil Procedure Rules
Cases cited (2)
- Mombasa Cement Ltd v Speaker, National Assembly & Another NRB Pet. No. 177 of 2015 [2018] eKLR
- Agnes Kwamboka v Philemon Matoke Mosioma & 2 Others KSI Civil Appeal No. 135 of 2018 [2019] 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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