Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether further proceedings should be stayed pending payment of withdrawn costs
The prayer for stay was refused as no valid reason was advanced.
The court held that the issue of costs could await the conclusion of the suit and that costs should not be used as a tool to delay justice. The Defendant had withdrawn its costs on the suit, but the court saw no basis for halting the proceedings on that account, finding the application on this point lacked merit.
Whether the court should compel access to the suit premises for inspection
The prayer was refused because the premises had been leased to another tenant.
It emerged in submissions that the suit premises had already been leased to a third party. The court reasoned that the status quo had long changed, so granting the Defendant entry for inspection, photographing and measurement at that stage would serve no useful purpose. The prayer for access was therefore declined.
Whether to compel production of documents and witness statements and strike out the 1st Plaintiff's suit
All these prayers were refused.
The court held that delivery of the certificate of incorporation and compelling the filing of witness statements were matters within the respondents' discretion which the court would not compel. It also found no reasons had been advanced to justify striking out the 1st Plaintiff's suit with costs.
Whether leave should be granted to enjoin Bubbles Logistics (E.A) Limited as a Third Party
Leave was granted and the Defence was to be amended within 14 days.
This was the only successful prayer. The court allowed the Defendant to join Bubbles Logistics (E.A) Limited as a Third Party, recognising the Defendant's interest in bringing in a party allegedly responsible for the damage claims, and directed that the Defence be amended appropriately within 14 days.
Legal principles established
#- A party's claim to costs in a suit should not be used as a basis to stay proceedings and delay justice; costs can await the conclusion of the suit.
Court orders
#- 1.Leave granted to enjoin Bubbles Logistics (E.A) Limited as a Third Party to this suit
- 2.The Defence to be amended appropriately within the next 14 days
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 1 Rule 10, Order 50 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1068/eng@2021-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.