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…an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs.…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…I now return to the issue with regard to security for costs. The Court’s power to order security for costs of a suit is discretionary. That is what o 25 rule 1 Civil Procedure Rules says and that is what it means.…

…That is to say the Court must have a basis for ordering security for costs to be given. The rule says that security for costs may be ordered to be given in any suit.…

…Waweru, J who gave an order directing the 1st Defendant to provide security for costs to the Plaintiffs or alternatively show cause why such security should not be provided.…

…for costs made under Order XXXVIII rule 2 of the Civil Procedure Rules .…

…Waweru, J who gave an order directing the 1st Defendant to provide security for costs to the Plaintiffs or alternatively show cause why such security should not be provided.…

…for costs made under Order XXXVIII rule 2 of the Civil Procedure Rules .…

…Additionally the petitioner failed to provide security for costs before the hearing of the petition as mandatorily required by law.…

…The petitioner did not give any security for costs before the winding up order was issued.…

…He asked for security for the costs if this application were allowed. Whether or not the applicant can pay the taxed costs in the subordinate and High Court and file an appeal, is for him to decide.…

…Security for the costs of the appeal is something he must furnish in any event.…

…for costs being lodged, or on lodging of any specified sum less than the amount fixed by rule 104, and that he bears only the costs of preparing and binding the record and memorandum of appeal.…

…In all, however, I am satisfied that he lacks the means to pay the required fees or to deposit the security for costs and that his intended appeal is not without [a] reasonable possibility of success but whether or not if…

…The sum of Shs.200,000/- deposited into court on the 7th December, 1994 as security for costs be released to Meenye & company advocates on their professional undertaking to pay a sum of Shs.25,000/- being portion thereof…