Posco International Corporation v Mayfair Insurance Company Limited [2020] KEHC 3417 (KLR)
- Court
- High Court of Kenya
- Case number
- 3417
- Citation
- [2020] KEHC 3417 (KLR)
- Decided
- 17 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal GrantedCoramM.W. Muigai
Holding
The Court grants the Defendant's application for security of costs in the amount of Ksh 3,000,000 within 90 days.
Facts
The Plaintiff, Posco International Corporation, initiated a suit against the Defendant, Mayfair Insurance Company Limited, under a Deed of Settlement dated June 16, 2017, related to a payment guarantee. Afrikon Limited was the Buyer, and the Plaintiff alleged that Afrikon failed to pay USD 900,000 as per the Payment Guarantee.
Issues
- Grant of Security of Costs
Reasoning
The Court exercised its discretion to grant security of costs, considering the Plaintiff's non-residence in Kenya and the potential deterrence to pursuing the claim.
Outcome
Appeal Granted
Orders
- Security of Costs granted in the amount of Ksh 3,000,000 within 90 days
Authorities cited
Legislation (2)
- Order 26, Rule 1 CPR 2010
- Order 26, Rule 4 CPR 2010
Cases cited (3)
- Pancras Swai vs Kenya Breweries Limited (KBL)
- Gatirau Peter Munya vs Dickson Mwenda Kithinji & 2 Others
- Ocean View Beach Hotel Limited vs Salim Sultan Moloo & 5 Others
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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