[2009] KEHC 3820 (KLR)
The court held that since the plaintiffs failed to comply with the order to provide security for costs within the stipulated period and did not seek to appeal or set aside the order, the defendant was entitled to apply for dismissal. The court emphasized that court orders must be obeyed unless and until they are set...
Source-derived case information.
- Citation
- [2009] KEHC 3820 (KLR)
- Parties
- Plaintiff: Bakari Ali Ogapa & 245 Others; Defendant: Unilever Kenya Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 10 of 2007
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Security for Costs
- Outcome
- Suit dismissed for failure to provide security for costs as ordered.
- Legal Topics
- Security for Costs, Dismissal for Non Compliance, Court Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bakari Ali Ogapa & 245 Others
Plaintiff
Unilever Kenya Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Security for Costs
Legal Issues
- 1 Whether the suit should be dismissed for failure to provide security for costs as previously ordered by the court.
- 2 Whether court orders must be obeyed in the absence of an appeal or application to set aside.
Ratio Decidendi
The court held that since the plaintiffs failed to comply with the order to provide security for costs within the stipulated period and did not seek to appeal or set aside the order, the defendant was entitled to apply for dismissal. The court emphasized that court orders must be obeyed unless and until they are set aside or varied. As the plaintiffs did nothing in response to the order, the application for dismissal was allowed with costs to the defendant.
Court Disposition
Suit dismissed for failure to provide security for costs as ordered.
Orders
- The suit is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 10 of 2007
BAKARI ALI OGAPA & 245 OTHERS …………………..PLAINTIFFS
VERSUS
UNILEVER KENYA LTD. …………………………….....DEFENDANT
R U L I N G
Application dated 3/2/2009 seeks order to dismiss this suit with costs.
On 31/10/08 this court (Hon. Justice Lesiit) ordered security for costs in the sum of Kshs.306,250/= within 60 days of the order. No payment has been made. The application is supported by affidavit of Antoinette Absoloms. The court order is exhibited in default of plaintiff failing to provide security as ordered, the defendant be at liberty to apply. It was ordered.
Upon hearing the arguments of both parties, I hold that court orders are to be obeyed unless there is an appeal or an application to vary or set aside the same no such action has been taken.
If a party thinks the order is unjust, it must obey the order and thereafter appeal or set aside. As is it, the party against who the application is made, has done nothing, the same is allowed with costs by the plaintiff.
It is so ordered.
DATED and DELIVERED at Nairobi this 4th day of May 2009.
JOYCE N. KHAMINWA
JUDGE