Makau & another v Stecol Corporation (Civil Case E023 of 2023) [2025] KEHC 3196 (KLR) (21 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3196
- Citation
- [2025] KEHC 3196 (KLR)
- Decided
- 21 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramFR OLEL
Holding
The plaintiffs' application for security is allowed, and the defendant is ordered to deposit Kshs.65,000,000/= as security. The defendant's application to strike out the suit is dismissed.
Facts
The plaintiffs are residents of badly damaged premises due to stone blasting in the defendant's quarry. They seek security for costs of construction and an early hearing.
Issues
- Whether the suit should be stuck out.
- Whether the defendant should be ordered to provide security.
- Whether the plaintiffs should be given an early hearing date.
- Who should bear the costs of the application.
Reasoning
The court found that the plaintiffs' application has merit and ordered the defendant to provide security. The plaintiffs' application for an early hearing is granted.
Outcome
The plaintiffs' application for security is allowed, and the defendant is ordered to provide security. The defendant's application to strike out the suit is dismissed.
Orders
- The defendant will deposit Kshs.65,000,000/= as security in a joint interest-earning account.
- The defendant will furnish a specific irrevocable bank guarantee of Kshs.65,000,000/=
- The suit will be heard on priority basis.
- Costs for the application are awarded to the plaintiffs.
Remedies
- Security deposit of Kshs.65,000,000/=
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- John Florence Maritime Services Limited & another v Cabinet Secretary, Transport and Infrastructure & 3 others [2021] eKLR
- Black's Law Dictionary 10th Edition
- Mulla, Code of Civil Procedure, 18th Ed 2012
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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