Avenews Kenya Limited v Eastmeat Supplies Limited; Quickmart Limited (Interested Party) (Commercial Case E473 of 2023) [2024] KEHC 12964 (KLR) (Commercial and Tax) (25 October 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 12964
- Citation
- [2024] KEHC 12964 (KLR)
- Decided
- 25 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial CasePostureDefendant's application for security for costs dismissedCoramJWW MONG'ARE, Kasango
Holding
The court dismisses the application for security for costs
Facts
Avenews Kenya Limited has filed a suit against Eastmeat Supplies Limited and Quickmart Limited, claiming the latter owes Kshs 34,904,715.00. The suit is based on the fact that Avenews Kenya Limited has closed its Kenyan office due to lack of a trading license from the Central Bank of Kenya.
Issues
- Whether the court should grant an order for security for costs of Kshs 5,000,000.00/= or any sum that the court deems fit
- Whether the court should call up for security for costs from the plaintiff at this stage
Reasoning
The court finds no reasonable cause to exercise its discretion in favor of the defendant and dismisses the application as the plaintiff's inability to pay costs is not unreasonable and would not stifle the proceedings.
Outcome
The application is dismissed
Orders
- The application for security for costs is dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
- Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others [2023] KESC 11 (KLR)
- Shakhalaga Khwa Jirongo & Sololo Outlets v Board of Trustees of National Social Security Fund [2005] KEHC 910 (KLR)
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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