[2021] KEHC 9021 (KLR)
The court found that since the respondents did not oppose the release of the deposited decretal sum and only raised issues regarding interest and costs, it was just and fair to order the immediate release of the sum to the applicant. The court further held that the applicant is at liberty to pursue interest and...
Source-derived case information.
- Citation
- [2021] KEHC 9021 (KLR)
- Parties
- Applicant: Nicasius Gitari Ngari; Respondent: Stephen Gichangi Munene; Respondent: Mary Wanjiku Njiru; Respondent: Anne Wangithi Murango; Respondent: Rosaline Wawira Munene; Respondent: Jane Wanjiku Munene
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 43 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Release of Deposited Decretal Sum
- Outcome
- application allowed
- Judges
- JK Mulwa
- Legal Topics
- Execution of Decree, Release of Deposit, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicasius Gitari Ngari
Applicant
Stephen Gichangi Munene
Respondent
Mary Wanjiku Njiru
Respondent
Anne Wangithi Murango
Respondent
Rosaline Wawira Munene
Respondent
Jane Wanjiku Munene
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Release of Deposited Decretal Sum
Legal Issues
- 1 Whether the applicant is entitled to the release of the deposited decretal sum from court.
- 2 Whether interest and costs should be determined at this stage or at a later date.
Ratio Decidendi
The court found that since the respondents did not oppose the release of the deposited decretal sum and only raised issues regarding interest and costs, it was just and fair to order the immediate release of the sum to the applicant. The court further held that the applicant is at liberty to pursue interest and costs through the appropriate legal channels, as these matters were not opposed at this stage and could be determined separately. The application for release was therefore allowed, with no order as to costs.
Court Disposition
application allowed
Orders
- The Deputy Registrar is directed to forthwith release the sum of Kshs. 138,375 to the applicant Nicasius Gitari Ngari.
- The applicant is at liberty to pursue payment of costs and interest by available legal avenues.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERUGOYA
MISC. SUCC. CAUSE NO. 43 OF 2013
IN THE MATTER OF ESTATE OF KARURI GICHANGI (DECEASED)
NICASIUS GITARI NGARI...........................................APPLICANT
VERSUS
STEPHEN GICHANGI MUNENE......................1ST RESPONDENT
MARY WANJIKU NJIRU...................................2ND RESPONDENT
ANNE WANGITHI MURANGO........................3RD RESPONDENT
ROSALINE WAWIRA MUNENE......................4TH RESPONDENT
JANE WANJIKU MUNENE...............................5TH RESPONDENT
RULING
1. By a decree of the court dated the 24. 9.2018, the applicant Nicasius Gitari Ngari was awarded Kshs. 138,375/= with interest and costs against the Respondents. The Respondents did not pay the said money to the applicant.
A Notice to Show was issued to the respondents as to why they should not be committed to civil jail for failure to pay the decretal sum.
They eventually deposited the money in court on the 22. 7.2019 vide deposit receipt No. B 594473, through their Advocates A.N. Chomba & Company Advocates.
2. By a summons application dated 20. 1.2020, the applicant seeks an order for the release of the said sum of Kshs. 138,275/= to himself. An affidavit in support sworn on the 20. 01. 2020 was filed on even date.
3. In response to the application, the Respondents filed a replying affidavit on the 1. 10. 2020. At paragraph 3, they state that they do not oppose the application but only on the matter of interest and costs.
The money having been deposited in court has not been accruing any interest since the 24. 9.2018.
The applicant prays that interest and costs as awarded by the court be determined at a later date.
There being no objection to the release of the deposit to the applicant, I find it fair and in the interest of justice that the said sum of Kshs. 138,375/= to be released to the applicant.
4. Accordingly, the Deputy Registrar is directed and ordered to forthwith release the said sum ofShs.135,375/= to the Applicant NICASIUS GITARI NGARI.
The applicant is at liberty to pursue payment of costs and interest, by the available legal avenues as provided under the Civil Procedure Rules.
5. The application dated 20. 1.2020 is therefore allowed. I make no orders as to costs.
Delivered, dated and signed at Kerugoya this 23rd Day of February, 2021.
J.N. MULWA
JUDGE