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Peter Kamau Ikigu v. Barclays Bank of Kenya Limited & Peterson Ogino Ongaro

(2015) JELR 94370 (CA)

Court of Appeal  •  Civil Appeal 233 of 2013  •  25 Sep 2015  •  Kenya

Coram
Hannah Magondi Okwengu, George Benedict Maina Kariuki, Sankale ole Kantai

Judgement

RULING OF THE COURT

The Notice of Motion before us is said to be brought under Order 26 of the Civil Procedure Rules, Section 3(2) of the Appellate Jurisdiction Act and all other enabling provisions of law. The orders sought are that:

“1. The 2nd respondent be directed to deposit an amount of Kshs.25,000,000 as security for costs.

2. Any other order that this Honourable Court may deem fit and just to grant.”

It is stated on the face of the Motion that the 2nd respondent is a permanent resident of the United Kingdom; that he does not own any attachable property in Kenya; that his identity, character and integrity is questionable; that it may not be possible to trace the 2nd respondent at the conclusion of “trial” and finally that it is only fair and just that the said respondent be ordered to provide security.

The applicant, Peter Kamau Ikigu, swore an affidavit in support of the Motion on 5th February, 2015. The matters raised on the face of the Motion are recapitulated in the affidavit wh…

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