[2001] KEHC 719 (KLR)
The court found that there was no proof of service of the list of authorities by the plaintiff. To ensure procedural fairness, the court ordered that the list be served forthwith and the application be argued on a later date. As the adjournment was caused by the plaintiff's failure, the court ordered the plaintiff...
Source-derived case information.
- Citation
- [2001] KEHC 719 (KLR)
- Parties
- Plaintiff: Intimate Beaty Care Limited T/A Simply Fine Fashions; Defendant: Kundan Singh Construction Ltd T/A Leopard Beach Hotel
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 227 of 2001
- Procedural Posture
- Civil Suit / Interlocutory Ruling
- Outcome
- adjourned_with_costs
- Legal Topics
- Adjournment Fees, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Intimate Beaty Care Limited T/A Simply Fine Fashions
Plaintiff
Kundan Singh Construction Ltd T/A Leopard Beach Hotel
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling
Legal Issues
- 1 Whether the list of authorities was properly served on the defendant.
- 2 Whether the plaintiff should pay adjournment fees and the defendant's costs due to the adjournment.
Ratio Decidendi
The court found that there was no proof of service of the list of authorities by the plaintiff. To ensure procedural fairness, the court ordered that the list be served forthwith and the application be argued on a later date. As the adjournment was caused by the plaintiff's failure, the court ordered the plaintiff to pay court adjournment fees and the defendant's advocate's costs assessed at specified amounts.
Court Disposition
adjourned_with_costs
Orders
- The plaintiff shall serve the list of authorities forthwith.
- The application shall be argued further on 18th June 2001.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO.227 OF 2001 INTIMATE BEATY CARE LIMITED T/A SIMPLY FINE FASHIONS………………………………PLAINTIFF -V E R S U S KUNDAN SINGH CONSTRUCTION LTD T/A LEOPARD BEACH HOTEL…………………………..DEFENDANT R U L I N G
There is no proof that the list of authorities was served. Let the list be served forthwith and the application be argued further on 18. 6.2001.
The Plaintiff to pay Court Adjournment Fees Kshs.1000/- and the Defendant’s Advocates costs assessed at Kshs.500/-. Dated this 11th day of June, 2001. P.N. WAKI J U D G E