[2014] KEHC 4279 (KLR)
The court found that the applicant's request to vacate the stay was unwarranted because the advocates had already opened the required joint interest earning account. The proper remedy was to seek transfer of the deposited funds from court to the account, not to vacate the stay. The court therefore declined to grant...
Source-derived case information.
- Citation
- [2014] KEHC 4279 (KLR)
- Parties
- Appellant: Fredrick J. Odhiambo; Appellant: Phoebe Ayugi O. Josiah; Respondent: Wyclife Nyabera Aluse
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 158 of 2010
- Procedural Posture
- Civil Appeal / Ruling on Application to Vacate Stay
- Outcome
- Application dismissed. No orders as to costs.
- Judges
- REA Ougo
- Legal Topics
- Stay of Execution, Court Orders, Deposit of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick J. Odhiambo
Appellant
Phoebe Ayugi O. Josiah
Appellant
Wyclife Nyabera Aluse
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Vacate Stay
Legal Issues
- 1 Whether the stay of execution should be vacated due to non-compliance with the order to deposit money in a joint interest earning account.
- 2 Whether the applicant is entitled to the orders sought in prayer No. 1.
Ratio Decidendi
The court found that the applicant's request to vacate the stay was unwarranted because the advocates had already opened the required joint interest earning account. The proper remedy was to seek transfer of the deposited funds from court to the account, not to vacate the stay. The court therefore declined to grant the order sought in prayer No. 1.
Court Disposition
Application dismissed. No orders as to costs.
Orders
- The orders sought in prayer No. 1 are declined.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL CASE NO 158 OF 2010
FREDRICK J. ODHIAMBO……………………..……1ST APPELLANT
PHOEBE AYUGI O. JOSIAH…………………………..2ND APPELLANT
-VERSUS-
WYCLIFE NYABERA ALUSE………………….……….RESPONDENT
RULING
I have considered the application dated 19th March 2014. The orders that were given by Justice Lesiit on the 31st August 2010 are clear that money that was deposited in court be kept in an interest earning account in the joint names of the advocates to the parties. The money was deposited and is still in court.
The applicant now seeks to have the stay vacated for reasons that money has not been deposited in joint interest earning account in the names of the advocates. The applicant states that in February 2011 the advocates opened a joint interest earning account at cooperative Bank of Kenya City Hall Branch A/C No. 0113623136950. If the advocates have opened the account then what the applicant should pursue is to have the money in court transferred to the said account.
The orders sought in prayer No. 1 are not warranted and I decline to grant the said order. No orders as to costs.
Dated, signed and delivered this 5th Day of February 2014.
R. E OUGO
JUDGE
In the presence of:
……………………………………..……..……………1st & 2nd Appellant
…………..……………………………………….…………….Respondent
....................………………...……………………………..Court clerk