[2012] KEHC 2319 (KLR)
The court found that the ex-parte applicant had failed to comply with its previous order to provide evidence that the security bond was still in force, despite being granted ample time. The applicant's counsel requested additional time but did not provide a sufficient or compelling reason for the delay....
Source-derived case information.
- Citation
- [2012] KEHC 2319 (KLR)
- Parties
- Applicant: REPUBLIC; Respondent: KENYA REVENUE AUTHORITY; Applicant: ALLTEX EPZ LIMITED
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 709 of 2008
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Compliance With Court Order Regarding Security Bond
- Outcome
- Extension of time granted for compliance with court order.
- Judges
- DAS Majanja
- Legal Topics
- Interim Orders, Security for Costs, Compliance With Court Orders, Tax Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Applicant
KENYA REVENUE AUTHORITY
Respondent
ALLTEX EPZ LIMITED
Applicant
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Compliance With Court Order Regarding Security Bond
Legal Issues
- 1 Whether the ex-parte applicant has complied with the court order to provide evidence of the security bond being in force.
- 2 Whether sufficient reason has been provided for the delay in compliance with the court order.
Ratio Decidendi
The court found that the ex-parte applicant had failed to comply with its previous order to provide evidence that the security bond was still in force, despite being granted ample time. The applicant's counsel requested additional time but did not provide a sufficient or compelling reason for the delay. Nevertheless, the court exercised its discretion to grant a short extension for compliance, warning that patience was running thin and that further non-compliance could result in dismissal of the matter. The decision underscores the importance of timely compliance with court orders, especially where interim relief is being enjoyed by a party.
Court Disposition
Extension of time granted for compliance with court order.
Orders
- Time for compliance with the order to provide evidence of the security bond is extended until 21st September 2012.
- Matter to be mentioned on 21st September 2012 for further directions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)
Miscellaneous Civil Application 709 of 2008
between
REPUBLIC ...................................................................APPLICANT
AND
KENYA REVENUE AUTHORITY ..........................RESPONDENT
EXPARTE
ALLTEX EPZ LIMITED
RULING
This matter was filed in the year 2008 and the ex-parte applicant obtained interim orders to stop the demand by the Kenya Revenue Authority of a security bond.
When the matter came up before me on 26th July 2012, I directed the applicant to show that that bond was still in place as it continued to benefit from the interim stay orders. On 31st July 2007, I ordered that this matter would stand dismissed if evidence of the bond being in force was not shown before the court today, 17th September 2012.
The ex-parte applicant has had a period of at least one and a half month to comply with my order yet it has not done so. Mr Muchiri, counsel for the applicants, states that he now wishes to contact his client and requires this Court to grant fourteen days for him to do so.
The well of patience of this Court runs deep but I do not think a good or sufficient reason has been preferred by the applicant to taste the waters from my well. I shall however extend the time for compliance with my order until 21st September 2012 when the matter shall be mentioned.
D.S. MAJANJA
JUDGE
17. 9.2012
ORDER– Ruling read in open court.
D.S. MAJANJA
JUDGE
17. 9.2012