[2024] KEHC 6143 (KLR)

[2024] KEHC 6143 (KLR)

The court held that the respondent, having succeeded in the judgment dated 4/4/2024, is entitled to the immediate release of Kshs.3,000,000 plus costs from the funds held in the joint account. The balance, after satisfaction of the respondent's entitlement, together with accrued interest, is to be released to the...

Source-derived case information.

Citation
[2024] KEHC 6143 (KLR)
Parties
Appellant: Henner Kenya; Respondent: Georgina Bundi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal 412 of 2018
Procedural Posture
Civil Appeal / Ruling on Release of Funds Post Judgment
Outcome
Application for release of funds allowed as per judgment; orders issued for distribution of funds between parties' advocates.
Judges
AN Ongeri
Legal Topics
Release of Funds, Execution of Judgment, Costs Award
Source Language
en
Civil Procedure Release of Funds Execution of Judgment Costs Award

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Summary, issues, holding and outcome

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Parties

Henner Kenya

Appellant

Georgina Bundi

Respondent

Procedural Posture

Civil Appeal / Ruling on Release of Funds Post Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to the release of Kshs.3,000,000 plus costs as per the judgment dated 4/4/2024.
  2. 2 How the balance of the funds held in the joint account should be distributed between the parties.

Ratio Decidendi

The court held that the respondent, having succeeded in the judgment dated 4/4/2024, is entitled to the immediate release of Kshs.3,000,000 plus costs from the funds held in the joint account. The balance, after satisfaction of the respondent's entitlement, together with accrued interest, is to be released to the appellant through their counsel. This ensures compliance with the judgment and proper execution of the court's orders, upholding the principle that a successful party should not be denied the fruits of their judgment. The court further directed the specific advocates to whom the respective sums should be released, thereby facilitating the final settlement of the dispute in...

Court Disposition

Application for release of funds allowed as per judgment; orders issued for distribution of funds between parties' advocates.

Orders

  • Kshs.3,000,000 plus costs to be released to the respondent as per judgment dated 4/4/2024.
  • The said amount to be released to the firm of M/S A. N. Oeri & Company Advocates on behalf of the respondent.