MARCO TOOL & EXPLOSIVES LTD V. MAMUJEE BROTHERS LTD
(1988) JELR 104570 (CA)
Court of Appeal
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Civil Appeal 107 of 1986
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29 Jan 1988
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Kenya
Coram
Joseph Raymond Otieno Masime, John Mwangi Gachuhi, Harold Grant Platt
Judgement
<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">January 29, 1988 Platt, Gachuhi JJA and Masime Ag JA delivered the following Judgment.</p><p class="ql-align-justify">The applicant, who was the plaintiff at the trial, and finally succeeded in getting judgment against the defendant, now respondent, finds that the latter has taken an appeal from the High Court’s decisions. The applicant has attempted to execute the High Court’s decree, but has recovered nothing. The applicant then resorted to an old game whereby if security for costs is ordered, and such security is not provided, then the appeal cannot proceed to hearing.</p><p class="ql-align-justify">But the application dated 4th September 1986 was dismissed by a single judge of this Court. The applicant has thus referred the matter to the full Court, under Rule 54 of the Court of Appeal Rules. The application is brought under Rule 104 of the Court of Appeal Rules.</p><p class="ql-align-justify">It prays for an order that further security for the past costs of the High Court be given as well as the costs of the appeal, because the respondent/appellant did not appear to…</p>