Mombasa Fresh Water Supply Company v Kenya Ports Authority
The bottom line
#Kenya's High Court gave Kenya Ports Authority extra time to provide a court-ordered bank guarantee, ruling that a short delay with prompt, good-faith action is forgivable.
What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant's explanation for the 1-2 day delay in furnishing the bank guarantee constituted sufficient cause to enlarge time
Yes; the explanation was sufficient and engagement of the Plaintiff's advocates immediately after the stay order showed good faith and willingness to comply
The court noted KPA wrote to the Plaintiff's advocates immediately after the stay order with draft guarantee wording, forwarded a banker's advance note on 15th December 2023, and the guarantee was availed on 19th December 2023, only one day after expiry. The guarantee was available and had been furnished to the Plaintiff. Granting extension served the interest of justice.
Legal principles established
#- Under Order 50 Rule 6, the court may enlarge a limited time even where the application is made after expiry of the time, on such terms as the justice of the case requires
- Judicial discretion to extend time must be exercised on fixed principles, evidence and sound legal principles, with the burden on the supplicant to show sufficient cause
Court orders
#- 1.Extension of time granted to the Defendant to deposit/furnish the bank guarantee
- 2.Costs of the application to the Plaintiff/Respondent
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 50 Rule 6 of the Civil Procedure Rules; inherent powers of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mombasa Fresh Water Supply Company v Kenya Ports Authority", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.