[2024] KEHC 14518 (KLR)
The court found that the appellants had deposited Kshs. 200,000 as security for the appeal. Since the appeal was allowed and there was no order as to costs in favour of the appellants, the purpose of the security had been fulfilled. The respondents, despite being served, did not oppose the application or demonstrate...
Source-derived case information.
- Citation
- [2024] KEHC 14518 (KLR)
- Parties
- Appellant: Mary Ngendo Gitau; Appellant: Esther Wangari Kariuki; Appellant: Mary Ngendo Kariuki; Respondent: Peter Gatonye Mungai; Respondent: Mary Wangari Mburu; Respondent: Jane Njambi Kabuchu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E36 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Security for Appeal, Release of Funds, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Ngendo Gitau
Appellant
Esther Wangari Kariuki
Appellant
Mary Ngendo Kariuki
Appellant
Peter Gatonye Mungai
Respondent
Mary Wangari Mburu
Respondent
Jane Njambi Kabuchu
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
Legal Issues
- 1 Whether the security sum deposited by the appellants as security for the appeal should be released to them after the appeal was allowed.
- 2 Whether there is any prejudice to the respondents in releasing the security sum to the appellants.
- 3 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the appellants had deposited Kshs. 200,000 as security for the appeal. Since the appeal was allowed and there was no order as to costs in favour of the appellants, the purpose of the security had been fulfilled. The respondents, despite being served, did not oppose the application or demonstrate any prejudice that would result from the release of the funds. The court therefore allowed the application and ordered the release of the security deposit to the appellants through their advocates. No order was made as to costs for the application.
Court Disposition
application allowed
Orders
- The security of Kshs. 200,000 deposited by the appellants in court on 19th May, 2022 as security for the appeal shall be released to the appellants through their advocate, Kang’ethe Waitere & Co. Advocates, for onward transmission to the appellants forthwith.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Gitau & 2 others v Mungai & 2 others (Civil Appeal E36 of 2020) [2024] KEHC 14518 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14518 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E36 of 2020
DO Chepkwony, J
November 13, 2024
Between
Mary Ngendo Gitau
1st Appellant
Esther Wangari Kariuki
2nd Appellant
Mary Ngendo Kariuki
3rd Appellant
and
Peter Gatonye Mungai
1st Respondent
Mary Wangari Mburu
2nd Respondent
Jane Njambi Kabuchu
3rd Respondent
Ruling
1. This matter is for hearing of the Notice of Motion application dated 16th August, 2024 wherein the Applicant is seeking for orders that:-a.The security sum of Kshs. 200,000. 00 deposited by the Appellants in this matter on 19th May, 2022 in court as security for the appeal be released to the Appellants through their advocates on record being Kang’ethe Waitere Co. Advocates for onward transmission to the Appellants.b.Costs of the application be provided for.
2. The application is premised on the grounds set out on its face and Supporting Affidavit of Mary Ng’endo Gitau, the 1st Appellant on even date, the gist of it being that since the appeal herein was allowed with no orders to costs in favour of the Appellants, there will be no prejudice suffered by the Respondents since the said sum had been deposited as security for the appeal.
3. The application has not been opposed by the Respondents despite their being served with the same as evidenced by the Affidavit of Service dated 31st October, 2024 as there is no response filed or attendance by either of the Respondents and or their counsel.
4. In view of this, the Notice of Motion application dated 16th August, 2024 be and is hereby allowed in the following terms:-.
a.The security of Kshs.200,000. 00 deposited by the Appellants in court on 19th May, 2022 as security for the appeal be released to the Appellants through their Advocate, Kang’the Waitere & Co. Advocates for onward transmission to the Appellants forthwith.b.No orders as to costs.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 13TH DAY OF NOVEMBE , 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Mutanyi holding brief for Mr. Ng’ethe counsel for AppellantNo appearance for and by the RespondentCourt Assistant - Martin