[2024] KEHC 14138 (KLR)
The court found that the decretal sum was deposited as security for stay of execution pending appeal. Since the appeal was determined in favour of the Applicant and there was no opposition from the Respondent, there was no legal basis to continue holding the funds. The court was satisfied that the Applicant had...
Source-derived case information.
- Citation
- [2024] KEHC 14138 (KLR)
- Parties
- Applicant: Bingwa Sacco Society Limited; Respondent: Cripus Karimi Ngatia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E318 of 2023
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Release of Decretal Sum
- Outcome
- application allowed
- Judges
- TW Ouya
- Legal Topics
- Release of Decretal Sum, Stay of Execution, Security for Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bingwa Sacco Society Limited
Applicant
Cripus Karimi Ngatia
Respondent
Procedural Posture
Civil Case / Ruling on Notice of Motion for Release of Decretal Sum
Legal Issues
- 1 Whether the Applicant is entitled to the release of the decretal sum held as security pending appeal.
- 2 Whether there is any legal basis to continue holding the decretal sum after judgment in favour of the Applicant.
Ratio Decidendi
The court found that the decretal sum was deposited as security for stay of execution pending appeal. Since the appeal was determined in favour of the Applicant and there was no opposition from the Respondent, there was no legal basis to continue holding the funds. The court was satisfied that the Applicant had demonstrated entitlement to the release of the decretal sum and ordered its release accordingly.
Court Disposition
application allowed
Orders
- Kshs 4,239,749.51 held in account No 0100284509418 of Equity Bank in the names of Magee Law and R.M Mutiso Advocates be released to the Applicant.
- Costs of this Application to the Applicant.
Full Case Text
Judgment text and source record
24 paragraphs
Bingwa Sacco Society Limited v Ngatia (Civil Case E318 of 2023) [2024] KEHC 14138 (KLR) (Civ) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14138 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case E318 of 2023
TW Ouya, J
November 13, 2024
Between
Bingwa Sacco Society Limited
Applicant
and
Cripus Karimi Ngatia
Respondent
Ruling
1. Before the court is a Notice of Motion application dated 30th October 2024 by the Applicant. The application is a prayer for the release of the decretal sum in the sum of Kshs4,239,749. 51 together with any accrued interest which was in the joint names of Magee Law and R.M Mutiso Advocates for the Applicant and Respondents respectively.
2. The Application is supported by Affidavit and annextures thereto demonstrating that indeed the account was opened and the said amount deposited on 23rd August 2023.
3. The deposit was made as security as a condition for stay of execution pending hearing and determination of the Appeal.
4. Counsel has attached the Judgement of the appeal and it is apparent that the appeal was determined in favour of the Applicant.
5. This application together with supporting affidavit were served upon the Respondent and Affidavit of service thereto dated 4th October 2023 was also filed but there was no appearance during the hearing on 11th November 2024.
6. This court has considered the said application and considers the same unopposed since the Respondent has failed to file any response or to appear in Court.
7. Having perused the Judgement and noted the same to be in favour of the Applicant, together with the decree thereof, I have no doubt that there is no reason to continue holding the decretal amount in the said account.
8. The court therefore orders that:1. Kshs 4,239,749. 51 held in account No 0100284509418 of Equity Bank in the names of Magee Law and R.M Mutiso Advocates be released to the Applicant.2. Costs of this Application to the Applicant.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 13TH DAY OF NOVEMBER, 2024. HON. T. W. OUYAJUDGE11/11/2024For the Applicant: Ms. WachiraFor Respondent: N/ACourt Assistant: Martin