WESTMONT HOLDINGS SDN. BHD V. CENTRAL BANK OF KENYA

RULING OF THE COURT

October, 1998 one, Kamlesh Mansukhlal Pattni and Westmont Holdings SDN.BHD “the applicant” instituted a suit in the High Court seeking a sum of Kshs. 150,000,000 being a refund of monies paid to Central Bank of Kenya “the respondent ” as deposit towards the purchase of Grand Regency Hotel within Nairobi by Lynwood Development Limited “Lynwood”, a Malaysian investor, pursuant to an advertisement placed in a local newspaper by the respondent. From the record, it is apparent that Kamlesh Mansukhlal Pattni withdrew his claim during the pendency of the suit leaving the applicant to soldier on. The suit was eventually heard and determined in favour of the respondent. In a nutshell, the claim was dismissed with costs to the respondent.

Aggrieved by the decision, the applicant proffered an appeal to this Court against the judgment and decree. However, before the appeal could be heard, the respondent filed an interlocutory application for security for costs in the sum of Kshs…