[2018] KEHC 4287 (KLR)
The court found that the order of 6th March, 2018 requiring the applicant to deposit an additional Kshs.700,000 as security for costs was made in error, given that the applicant had already deposited Kshs.300,000 in compliance with a previous order. The court exercised its discretion to set aside the erroneous...
Source-derived case information.
- Citation
- [2018] KEHC 4287 (KLR)
- Parties
- Appellant: Amos Nkaate Tanyaeng; Respondent: Mann Wheat Farm Ltd
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 14 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application to Vary Security for Costs Order
- Outcome
- application allowed; previous order set aside
- Legal Topics
- Security for Costs, Variation of Court Orders, Stay of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Nkaate Tanyaeng
Appellant
Mann Wheat Farm Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Vary Security for Costs Order
Legal Issues
- 1 Whether the court should vary or set aside its previous order requiring the applicant to deposit additional security for costs.
- 2 Whether land title deed can be admitted as security for costs instead of cash deposit.
Ratio Decidendi
The court found that the order of 6th March, 2018 requiring the applicant to deposit an additional Kshs.700,000 as security for costs was made in error, given that the applicant had already deposited Kshs.300,000 in compliance with a previous order. The court exercised its discretion to set aside the erroneous order, recognizing that it should not have imposed a further cash deposit. The application to vary or set aside the order was therefore allowed, and the previous order was set aside. The issue of substituting land title as security was not expressly determined, as the focus was on correcting the error in the prior order.
Court Disposition
application allowed; previous order set aside
Orders
- The order of 6th March, 2018 requiring deposit of additional Kshs.700,000 as security for costs is set aside.
- Costs of this application will be costs in cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CIVIL APPEAL. NO. 14 OF 2017
AMOS NKAATE TANYANGENG...........................APPELLANT
-VERSUS-
MANN WHEAT FARM LTD................................RESPONDENT
RULING
1. The applicant, Amos Nkaate Tanyaeng, filed his application dated 27th April, 2018 seeking the following orders:
1) That the matter be certified urgent.
2) That the court discharges, varies, stays and/or sets aside its order of 6th March, 2018 and in its place a substituted order be made to admit as security land title deed parcel No. CIS-Mara/Lemek/75 as security for costs in the cause instead of depositing Kshs.700,000.
3) An order to vary this court’s order of 6th March, 2018, which required the applicant to deposit cash Kshs.1,000,000 as security for costs.
4) Any other order the court may deem fit to grant.
2. The application is supported by nine grounds that are set out on the face of notice of motion. It is also supported by a 15 paragraphs supporting affidavit of the applicant.
3. Mr. Kamwaro for the applicant filed written submissions in support of the application.
4. Mr. Kiptoo for the respondent filed written submissions in opposition to the application in addition to filing a replying affidavit by the respondent, in opposition to that application. During oral arguments on 12th July, 2018, it came to light that the applicant had deposited Kshs.300,000 in compliance with the order of this court (Meoli, J), which also was for security for costs.
5. I find that I should not have issued another order requiring the applicant to deposit an additional Kshs.700,000, as security for costs. In the circumstances I find that my order of 6th March, 2018 was made in error and I therefore set it aside.
6. Costs of this application will be costs in cause.
Ruling delivered in open court this 23rdday July, 2018 in the presence of Mr. Ombui holding brief for Mr. Kiptoo for the respondent.
J. M. BWONWONGA
JUDGE
23/7/2018