[2001] KEHC 719 (KLR)

[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
Civil Procedure Adjournment Fees Service of Documents

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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

  1. 1 Whether the list of authorities was properly served on the defendant.
  2. 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.