[2025] KEELC 1400 (KLR)
The court found that since there was no objection from any party to the application for release of the Kshs. 100,000 security deposit, it was appropriate to grant the order as sought by the 1st respondent. The absence of opposition and the fact that judgment had already been rendered justified the release of the...
Source-derived case information.
- Citation
- [2025] KEELC 1400 (KLR)
- Parties
- Appellant: Julius Bundi; Respondent: Mary Nthiori Angaine; Respondent: Isabella Mwenda; Respondent: The County Government of Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E060 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Notice of Motion for Release of Security Deposit
- Outcome
- Application allowed; security deposit to be released to the 1st respondent.
- Judges
- BM Eboso
- Legal Topics
- Security for Costs, Release of Funds, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Bundi
Appellant
Mary Nthiori Angaine
Respondent
Isabella Mwenda
Respondent
The County Government of Meru
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice of Motion for Release of Security Deposit
Legal Issues
- 1 Whether the 1st respondent is entitled to the release of the Kshs. 100,000 deposited in court as security.
- 2 Whether there is any objection to the application for release of the security deposit.
Ratio Decidendi
The court found that since there was no objection from any party to the application for release of the Kshs. 100,000 security deposit, it was appropriate to grant the order as sought by the 1st respondent. The absence of opposition and the fact that judgment had already been rendered justified the release of the funds to the applicant.
Court Disposition
Application allowed; security deposit to be released to the 1st respondent.
Orders
- The sum of Kshs. 100,000 deposited in court as security shall be released to the 1st respondent, Mary Nthiori Angaine.
- The file to be returned to the registry without a date for the next activity.
Full Case Text
Judgment text and source record
21 paragraphs
Bundi v Angaine & 2 others (Environment and Land Appeal E060 of 2021) [2025] KEELC 1400 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1400 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Appeal E060 of 2021
BM Eboso, J
March 17, 2025
Between
Julius Bundi
Appellant
and
Mary Nthiori Angaine
1st Respondent
Isabella Mwenda
2nd Respondent
The County Government of Meru
3rd Respondent
Ruling
1. Through the notice of motion dated 7/4/2024, the 1st respondent in this appeal seeks an order releasing to her the sum of Kshs. 100,000/= which was deposited in court as security. It is contended that the said money was deposited by the appellant. Both the appellant and the 2nd respondent in the appeal do not object to the plea.
2. In the absence of any objection, the application dated 7/4/2024 is allowed in terms of prayer 1. This being a matter where Judgment was rendered on 15/2/2023, the file will go back to the registry without a date for the next activity.
DATED, SIGNED AND DELIVERED AT MERU ON 17TH MARCH, 2025B.M EBOSO [MR]JUDGE