International Air Transport Association & another v Roskar Travel Limited & 3 others [2022] KEHC 10862 (KLR)

International Air Transport Association & another v Roskar Travel Limited & 3 others (Commercial Case E457 of 2020) [2022] KEHC 10862 (KLR) (Commercial and Tax) (9 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10862 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Commercial and Tax

Commercial Case E457 of 2020

WA Okwany, J

June 9, 2022

Between

International Air Transport Association

1st Plaintiff

Saham Assurance Company Kenya Limited

2nd Plaintiff

and

Roskar Travel Limited

1st Defendant

Rose Wanjugu Kariithi alias Rose Wanjugu Wanjohi

2nd Defendant

Anne Nyambura Kariithi

3rd Defendant

Monicah Wanjiru Kariithi alias Monicah Wanjiru Kareithi

4th Defendant

Ruling

1. Through the application dated April 20, 2022, the applicant seeks orders to review the ruling dated March 17, 2022 on the amount of security to be deposited as a condition for the setting aside of the default judgment entered on May 5, 2020.

2. I note that in the impugned ruling that is the subject of the review, the court erroneously indicated that 50% of the claimed sum is USD 25,000 instead of USD 250,000.

3. When the matter was mentioned in court on May 25, 2022, Mr. Wasike learned counsel for the defendants confirmed that the amount in question is USD 500,000 half of which is USD 250,000.

4. Considering that parties are in agreement that the amount claimed is USD 500,000, I hereby review the ruling delivered on March 17, 2022 so as to reflect that the amount to be deposited by the defendants in court to await the final determination of the case is USD 250,000.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 9TH DAY OF JUNE 2022. W. A. OKWANYJUDGEIn the presence of: -Ms Aguti for Defendant.Ms Leah Muhia for Plaintiffs/RespondentsCourt Assistant- Sylvia