[2025] KEHC 10164 (KLR)

[2025] KEHC 10164 (KLR)

The court found that the application for extension of time to deposit security for costs had been overtaken by events, as the appellant had already deposited the required sum in court by the date of hearing. Consequently, the application was rendered moot and there was no need to proceed with its determination. The...

Source-derived case information.

Citation
[2025] KEHC 10164 (KLR)
Parties
Appellant: Good Times Africa; Respondent: Dennis Gathara
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal E1116 of 2024
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Extension of Time to Deposit Security for Costs
Outcome
Application for extension of time declared moot; parties to proceed with substantive appeal; costs in the cause.
Judges
LP Kassan
Legal Topics
Stay of Execution, Security for Costs, Extension of Time
Source Language
en
Civil Procedure Stay of Execution Security for Costs Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Good Times Africa

Appellant

Dennis Gathara

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application for Extension of Time to Deposit Security for Costs

Legal Issues

  1. 1 Whether the application for extension of time to deposit security for costs was merited.
  2. 2 Whether the application became moot upon deposit of the required security.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the application for extension of time to deposit security for costs had been overtaken by events, as the appellant had already deposited the required sum in court by the date of hearing. Consequently, the application was rendered moot and there was no need to proceed with its determination. The court directed that the parties proceed with the hearing of the substantive appeal and ordered that costs of the application be in the cause, thereby preserving the parties' rights to argue costs at the conclusion of the appeal.

Court Disposition

Application for extension of time declared moot; parties to proceed with substantive appeal; costs in the cause.

Orders

  • The application dated 19.11.2024 is declared moot.
  • Parties to proceed with hearing of the substantive appeal.