[2009] KEHC 1557 (KLR)

[2009] KEHC 1557 (KLR)

The court found it proper that the plaintiffs pay the taxed costs from the previous suit before proceeding with the current suit against the same defendant. The court held that the suit should be stayed pending payment of the taxed costs of Kshs.230,766/=. The court declined to order security for costs as no proper...

Source-derived case information.

Citation
[2009] KEHC 1557 (KLR)
Parties
Plaintiff: Nzoia Chemists Ltd.; Plaintiff: John B. Chege; Plaintiff: Aurelia Rose N. Chege; Plaintiff: James William Chege; Plaintiff: Serah Njeri Chege; Defendant: Kenya Commercial Bank Ltd.
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 192 of 2009
Procedural Posture
Civil Case / Ruling on Notice of Motion for Stay and Payment of Taxed Costs
Outcome
Application allowed in part; suit stayed pending payment of taxed costs; no order for security for costs; costs of application to defendant.
Legal Topics
Stay of Proceedings, Taxed Costs, Security for Costs
Source Language
en
Civil Procedure Stay of Proceedings Taxed Costs Security for Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nzoia Chemists Ltd.

Plaintiff

John B. Chege

Plaintiff

Aurelia Rose N. Chege

Plaintiff

James William Chege

Plaintiff

Serah Njeri Chege

Plaintiff

Kenya Commercial Bank Ltd.

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion for Stay and Payment of Taxed Costs

Legal Issues

  1. 1 Whether the suit should be stayed pending payment of taxed costs from a previous suit.
  2. 2 Whether the plaintiffs should be ordered to pay the taxed costs before proceeding with the current suit.
  3. 3 Whether security for costs should be ordered in this suit.

Ratio Decidendi

The court found it proper that the plaintiffs pay the taxed costs from the previous suit before proceeding with the current suit against the same defendant. The court held that the suit should be stayed pending payment of the taxed costs of Kshs.230,766/=. The court declined to order security for costs as no proper application for such was made. The application was allowed in respect of the stay and payment of costs, but not for security for costs. Costs of the application were awarded to the defendant.

Court Disposition

Application allowed in part; suit stayed pending payment of taxed costs; no order for security for costs; costs of application to defendant.

Orders

  • This suit is stayed pending payment of taxed costs of Kshs.230,766/=.
  • No order is made for security for costs.