Hazron Maira v Kikley Investments Limited (Civil Appeal 598 of 2018) [2020] KEHC 10422 (KLR) (Civ) (17 December 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 10422
- Citation
- [2020] KEHC 10422 (KLR)
- Decided
- 17 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling dismissing a suit for failure to give security of costsCoramB. Thurana Jaden
Holding
The trial magistrate erred in dismissing the Plaintiff's suit for failure to furnish security of costs
Facts
The Plaintiff was ordered to deposit Ksh.150,000 in a joint earning interest bank account or in court within 60 days. The Plaintiff failed to make the deposit and applied to make it out of time, which was denied. The Plaintiff then appealed the dismissal.
Issues
- Whether the trial magistrate erred in dismissing the Plaintiff's suit for failure to furnish security of costs
- Whether the Plaintiff's failure to deposit the security was due to an inadvertent mistake
Reasoning
The Plaintiff's failure to deposit the security was due to an inadvertent mistake, and the Plaintiff was willing to deposit security for the suit to be heard on merits.
Outcome
Appeal upheld, suit reinstated
Orders
- The suit be reinstated and the Plaintiff be granted leave to deposit security for the suit to be heard on merits
Remedies
- The Plaintiff be granted leave to deposit security for the suit to be heard on merits
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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