[2015] KEELRC 1594 (KLR)

[2015] KEELRC 1594 (KLR)

The court found that the respondent failed to provide proper justification or evidence to warrant the order for security for costs. The application was dismissed as the threshold for granting such an order had not been met. The court emphasized that security for costs is not granted as a matter of course but...

Source-derived case information.

Citation
[2015] KEELRC 1594 (KLR)
Parties
Claimant: Erwan Lanoe; Respondent: Five Forty Aviation Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 2157 of 2014
Procedural Posture
Employment Cause / Interlocutory Application Ruling
Outcome
application dismissed
Legal Topics
Security for Costs, Interlocutory Applications, Costs Orders
Source Language
en
Employment and Labour Security for Costs Interlocutory Applications Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Erwan Lanoe

Claimant

Five Forty Aviation Limited

Respondent

Procedural Posture

Employment Cause / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the respondent has established sufficient justification for an order requiring the claimant to deposit security for costs.
  2. 2 Whether the application for security for costs should be granted pending the hearing of the defence.

Ratio Decidendi

The court found that the respondent failed to provide proper justification or evidence to warrant the order for security for costs. The application was dismissed as the threshold for granting such an order had not been met. The court emphasized that security for costs is not granted as a matter of course but requires clear demonstration of necessity, which was lacking in this case.

Court Disposition

application dismissed

Orders

  • The application to deposit security for costs at Ksh.30 million is dismissed.
  • Costs in the cause.