https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8555
The court found that the appeal had already been determined in the appellant’s favour, the security deposit had served its purpose, and the unopposed application was therefore merited; the deposited sum was ordered released to the appellant through his advocates.
Source-derived case information.
- Citation
- [2026] KEHC 8555 (KLR)
- Parties
- Appellant: Dushyant N Patel; 1st Respondent: Robert Mudeche Oluoma; 2nd Respondent: Nicholas Kimathi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal Suit E180 of 2025
- Procedural Posture
- Civil Appeal Suit / Ruling on Application for Release of Security Deposited in Court
- Outcome
- Application allowed.
- Judges
- ["MS Shariff"]
- Legal Topics
- Release of Security for Stay Pending Appeal, Unopposed Motion, Costs, Closure of File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dushyant N Patel
Appellant
Robert Mudeche Oluoma
1st Respondent
Nicholas Kimathi
2nd Respondent
Procedural Posture
Civil Appeal Suit / Ruling on Application for Release of Security Deposited in Court
Legal Issues
- 1 Whether the sum deposited in court as security pending appeal should be released to the appellant after the appeal was determined in his favour.
- 2 Whether the application was merited in the absence of opposition from the respondents.
Ratio Decidendi
The court found that the appeal had already been determined in the appellant’s favour, the security deposit had served its purpose, and the unopposed application was therefore merited; the deposited sum was ordered released to the appellant through his advocates.
Court Disposition
Application allowed.
Orders
- The sum of Ksh 150,000 deposited in court on 17 September 2025 pursuant to receipt No. DB-0013448 shall be released to the appellant through Teddy Advocates LLP at DTB Bank Kenya Limited, Westgate Branch, Account Number 05xxxxxx03, Account Name Teddy Advocates LLP.
- The appellant shall bear his own costs.
Full Case Text
Judgment text and source record
1 paragraphs
Patel v Oluoma & another (Civil Appeal Suit E180 of 2025) [2026] KEHC 8555 (KLR) (Civ) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8555 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal Suit E180 of 2025 MS Shariff, J June 18, 2026 Between Dushyant N Patel Appellant and Robert Mudeche Oluoma 1st Respondent Nicholas Kimathi 2nd Respondent Ruling 1.The Appellant Dushyant N Patel has moved this court vide a Notice of Motion dated 9th June 2026, which is supported by an affidavit of his counsel, Teddy Enos Ochieng Onyango, sworn on even date and he craves that this court be pleased to release a sum of Ksh 150,000/= that was deposited in court on 17th September 2025 pursuant to orders issued on 30th August 2025, as security pending determination of the appeal. 2.It is the appellant’s position that the appeal herein was determined in his favour on 4th June 2026 wherefore the security deposited in court as a condition for the grant of stay orders has already served it’s purpose and ought therefore be released to him. 3.The Respondent did not oppose this application albeit served as demonstrated by the affidavit of Teddy Enos Ochieng Onyango sworn on 17th June 2026. 4.I have duly considered the application herein, the supporting affidavit and the annexures attached thereto and I am persuaded that this application is well merited and I therefore allow it and I make the following orders:i.The sum of Ksh 150,000/= deposited in court on 17th September 2025 as evidenced by receipt NoDB-0013448 be released to the appellant vide his advocates as per their account details specified hereunder:Account Name: Teddy Advocates LLPBank Name: DTB Bank Kenya LimitedAccount Number: 05xxxxxx03Branch: Westgate 5.The appellant to bear his own costs. 6.This file is hereby marked as closed. DELIVERED, DATED AND SIGNED AT MILIMANI THIS 18TH DAY OF JUNE 2026.M. S. SHARIFFJUDGE