[2023] KEHC 17259 (KLR)
The court found that the appeal had been allowed and there was no opposition to the application for release of the security deposit. The security was deposited for due performance of the decree, and with the appeal concluded and no costs awarded against either party, the appellant was entitled to the release of the...
Source-derived case information.
- Citation
- [2023] KEHC 17259 (KLR)
- Parties
- Appellant: Equity Bank Kenya Ltd; Respondent: Romanus Okello
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Release of Security Deposit
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Security for Due Performance, Release of Security, Costs of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Equity Bank Kenya Ltd
Appellant
Romanus Okello
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Release of Security Deposit
Legal Issues
- 1 Whether the appellant is entitled to the release of the security deposit following the conclusion of the appeal.
- 2 Whether there is any opposition to the application for release of the security deposit.
Ratio Decidendi
The court found that the appeal had been allowed and there was no opposition to the application for release of the security deposit. The security was deposited for due performance of the decree, and with the appeal concluded and no costs awarded against either party, the appellant was entitled to the release of the security. The court was satisfied that the application was properly supported and that there was no legal impediment to granting the orders sought. Accordingly, the court ordered the release of the sum of Kshs 1,290,000 held in the joint account to the appellant through its advocate's bank account.
Court Disposition
application allowed
Orders
- The sum of Kshs 1,290,000 held in the joint account of Morara Apiemi & Nangito Advocates and Odumba Okello & Associates Advocates at Equity Bank (K) Ltd Kisii Branch Account Number 0510279241415 shall forthwith be released and paid to the Appellant Equity Bank (K) Ltd through the Appellant’s Advocate’s Bank account...
- This file is now closed.
Full Case Text
Judgment text and source record
21 paragraphs
Equity Bank Kenya Ltd v Okello (Civil Appeal 11 of 2019) [2023] KEHC 17259 (KLR) (8 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17259 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 11 of 2019
RE Aburili, J
May 8, 2023
Between
Equity Bank Kenya Ltd
Appellant
and
Romanus Okello
Respondent
Ruling
1. On January 26, 2022, this court delivered judgement allowing the appeal herein filed on February 1, 2019 with an order that each party bear their own costs of the appeal and of the lower court in Kisumu CMCC No 230 of 2008.
2. As the Appellant had deposited security for the due performance of decree, it has applied for release of the said security Kshs 1,290,000/= which is held in the joint names of the Appellant and Respondent’s counsel’s account with Equity Bank (K) Ltd, Kisii Branch Account No 0510279xxxxxx.
3. There is no opposition to the application dated March 28, 2021 which has been pending for 2 years. The application is supported by the affidavit sworn by Kingori Kariuki, the legal services Manager for Equity Bank (K) Ltd.
4. Accordingly, I hereby allow the application dated March 28, 2022 and order that the sum of Kshs 1,290,000/= held in the joint account of Morara Apiemi & Nangito Advocates and Odumba Okello & Associates Advocates at Equity Bank (K) Ltd Kisii Branch Account Number 0510279241415 shall forthwith be released and paid to the Appellant Equity Bank (K) Ltd through the Appellant’s Advocate’s Bank account with Equity Bank (K) Ltd, Moi Avenue Branch, Account No 04702979xxxxx.
5. I so order.
6. This file is now closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8THDAY OF MAY, 2023R. E. ABURILIJUDGE