Jagjit Singh Pandhaal v Hussein Mohamed Gulamhussein Verjee [2020] KEELC 1492 (KLR)
The bottom line
#A Kenyan court refused both sides' pre-trial demands: property couldn't be attached, no judgment was entered, and foreign residency alone doesn't justify ordering security for costs.
What this practically means
#Executive summary
#Key legal issues
#Whether attachment before judgment could issue against the defendant's properties
The application failed because the listed motor-vehicles do not belong to the defendant and the plaintiff's claim that the defendant is disposing of his properties was not enough
The court observed that the five listed motor-vehicles belong to other persons and cannot be attached. Even independently of that, the suit is undetermined and it was not shown that the defendant's whereabouts are unknown; the defendant resides in Kenya, and a successful plaintiff can execute any judgment through ordinary means.
Whether judgment on admission should be entered
No admission sufficient for judgment on admission was established in the pleadings
The plaintiff asserted that the defendant admitted the claim, but the court found no admission in the pleadings warranting entry of judgment on admission; the defence expressly denies the claim, and the alleged acknowledgement of receipt of monies is disputed and a matter for trial.
Whether the plaintiff should furnish security for costs of KShs. 20 million
The application failed: the sum demanded exceeded the entire claim, and foreign residence alone does not justify security for costs
The defendant sought security on the basis that the plaintiff is a British citizen living in Spain. The court held that costs for a KShs. 19,500,000 claim cannot be KShs. 20 million, and that the parties, who know each other well and each other's whereabouts, can execute judgments against each other, including for costs.
Legal principles established
#- Attachment before judgment requires more than a claim that the defendant is disposing of property; it cannot issue where the defendant's whereabouts are known and the suit is undetermined
- The mere fact that a party is a foreign citizen residing abroad does not by itself justify an order for security for costs
Court orders
#- 1.The plaintiff's application dated 30 September 2019 is dismissed
- 2.The defendant's application dated 31 October 2019 is dismissed
- 3.Each party will bear his own costs
- 4.The parties to prepare their case for trial and have the matter heard
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute concerning land parcels in Mombasa
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jagjit Singh Pandhaal v Hussein Mohamed Gulamhussein Verjee [2020] KEELC 1492 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1492/eng@2020-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.