[2025] KEELC 4347 (KLR)

[2025] KEELC 4347 (KLR)

The court found that the security deposit of Kshs. 600,000 was provided as a condition for stay of execution pending the hearing and determination of the appeal. The appeal has since been heard and allowed, and the application for review by the respondent has been dismissed in a separate ruling. There is therefore no legal basis or obstacle to bar the release of the security deposit. The court held that the event underpinning the security has occurred, and the deposit has served its purpose. The mere filing of an application for review does not justify retention of the security, especially where the application has been dismissed. Accordingly, the court ordered the release of the security...

Citation
[2025] KEELC 4347 (KLR)
Parties
Appellant: Ali Gobe; Respondent: Mohammed Golicha Bora
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Judgment Date
4 June 2025
Case Number
Environment and Land Appeal E005 of 2023
Procedural Posture
Environment and Land Appeal / Ruling on Post Appeal Application for Release of Security Deposit
Outcome
application allowed; security deposit to be released to appellant; each party to bear own costs
Judges
JO Mboya
Legal Topics
Security for Costs, Stay of Execution, Release of Deposit
Source Language
English
Civil Procedure Land and Property Security for Costs Stay of Execution Release of Deposit

Case Brief

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Parties

Ali Gobe

Appellant

Mohammed Golicha Bora

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Post Appeal Application for Release of Security Deposit

Legal Issues

  1. 1 Whether the security deposit of Kshs. 600,000 should be released to the appellant after the determination of the appeal.
  2. 2 Whether the pending application for review by the respondent constitutes a legal basis to retain the security deposit.

Ratio Decidendi

The court found that the security deposit of Kshs. 600,000 was provided as a condition for stay of execution pending the hearing and determination of the appeal. The appeal has since been heard and allowed, and the application for review by the respondent has been dismissed in a separate ruling. There is therefore no legal basis or obstacle to bar the release of the security deposit. The court held that the event underpinning the security has occurred, and the deposit has served its purpose. The mere filing of an application for review does not justify retention of the security, especially where the application has been dismissed. Accordingly, the court ordered the release of the security...

Court Disposition

application allowed; security deposit to be released to appellant; each party to bear own costs

Orders

  • The application dated 19th May 2025 is allowed.
  • The security in the sum of Kshs. 600,000 deposited in court is released to the appellant or their advocate for onward transmission to the appellant.