[2024] KEHC 11633 (KLR)
The court held that the application for release of funds was improperly before it, as the funds were deposited in the lower court file CMCC No. 276 of 2018 following a consent between the parties. The present miscellaneous application was only for leave to appeal out of time, and not the substantive appeal or the...
Source-derived case information.
- Citation
- [2024] KEHC 11633 (KLR)
- Parties
- Applicant: Jiangxi Zhongmei Engineering Construction Limited; Respondent: Eliud Maelo Wafula
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 27 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Motion for Release of Deposited Funds
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Release of Deposited Funds, Jurisdiction of Court, Procedural Misplacement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jiangxi Zhongmei Engineering Construction Limited
Applicant
Eliud Maelo Wafula
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion for Release of Deposited Funds
Legal Issues
- 1 Whether the High Court in this miscellaneous application has jurisdiction to order the release of funds deposited in a joint account pursuant to a consent in the lower court.
- 2 Whether the application for release of funds should have been filed in the lower court file CMCC No. 276 of 2018.
Ratio Decidendi
The court held that the application for release of funds was improperly before it, as the funds were deposited in the lower court file CMCC No. 276 of 2018 following a consent between the parties. The present miscellaneous application was only for leave to appeal out of time, and not the substantive appeal or the lower court file. Therefore, the High Court in this miscellaneous application lacked jurisdiction to order the release of the funds. The proper procedure required the applicant to file the application in the lower court file where the deposit was made. Consequently, the application was dismissed as being misplaced.
Court Disposition
application dismissed
Orders
- The application dated 5.3.2024 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Jiangxi Zhongmei Engineering Construction Limited v Wafula (Miscellaneous Application 27 of 2020) [2024] KEHC 11633 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11633 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Application 27 of 2020
REA Ougo, J
September 24, 2024
Between
Jiangxi Zhongmei Engineering Construction Limited
Applicant
and
Eliud Maelo Wafula
Respondent
Ruling
1. Jiangxi Zhongmei Engineering Construction Ltd the applicant seeks in a motion dated the 5. 3.2024 to have the sum of Kshs 3,604,000/- plus interest which was deposited in a fixed joint interest earning account No. 0502xxxxxx at Equity Bank released to the it. The application was opposed. The respondent filed a replying affidavit dated the 8. 7.2024.
2. I have read and considered the grounds on the face of the application, the supporting affidavit plus the replying affidavit dated 8. 7.2024.
3. It is not in dispute that monies were deposited in a joint account after the parties entered a consent. The money it appears was deposited in the lower court file CMCC No. 276 of 2018. The matter before me is a Miscellaneous application file in which the applicant sought Leave to Appeal out of time and and he was granted leave as was sought to file an appeal within 30 days. This is not the appeal file nor the lower court file.
4. In my view the applicant’s application misplaced. The application should have been filed in CMCC No. 276 of 2018 as correctly pointed out by Mr. Angima in the replying affidavit. The application is misplaced. I therefore dismiss the application dated 5. 3.2024 with no orders as to costs.
DATED, SIGNED AND DELIVERED AT BUNGOMA THIS 24TH DAY OF SEPTEMBER, 2024. R.E. OUGOJUDGEIn the presence of:Mr. Samba - For the ApplicantMr. Angima -For the RespondentWilkister C/A