[2012] KEHC 4645 (KLR)
The court found that since the application for leave to appeal out of time had been dismissed, there were no further proceedings pending. Therefore, there was no justification for retaining the rent deposit in court. The applicant's motion for release of the deposited rent was allowed as a logical consequence of the...
Source-derived case information.
- Citation
- [2012] KEHC 4645 (KLR)
- Parties
- Respondent: Joseph Waiharo Maina; Respondent: Paul Kiarie; Respondent: Florence Wambui; Respondent: Wainaina Kuria; Respondent: Simon Macharia; Applicant: John Mwaniki Kuria
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 294 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Motion for Release of Deposited Rent
- Outcome
- Applicant's motion for release of deposited rent allowed.
- Judges
- MJA Emukule
- Legal Topics
- Release of Deposit, Court Orders, Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Waiharo Maina
Respondent
Paul Kiarie
Respondent
Florence Wambui
Respondent
Wainaina Kuria
Respondent
Simon Macharia
Respondent
John Mwaniki Kuria
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Motion for Release of Deposited Rent
Legal Issues
- 1 Whether the rent deposited in court should be released to the applicant after dismissal of the application for leave to appeal out of time.
Ratio Decidendi
The court found that since the application for leave to appeal out of time had been dismissed, there were no further proceedings pending. Therefore, there was no justification for retaining the rent deposit in court. The applicant's motion for release of the deposited rent was allowed as a logical consequence of the finality of the proceedings.
Court Disposition
Applicant's motion for release of deposited rent allowed.
Orders
- The applicant's Notice of Motion dated 20th September 2011 is allowed.
- The rent deposited in court shall be released to the applicant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APPLICATION NO. 294 OF 2010
JOSEPH WAIHARO MAINA
PAUL KIARIE
FLORENCE WAMBUI
WAINAINA KURIA
SIMON MACHARIA…….……….RESPONDENTS/PROPOSED APPELLANTS
VERSUS
JOHN MWANIKI KURIA………………………………………………APPLICANT
RULING
By a Ruling dated 2nd December 2011, I dismissed the Respondents/Appellant\'s application for leave to appeal out of time but did not cover the application dated 20th September, 2011 which sought orders that the rent deposited in court be released to the applicant.
Having dismissed the Respondent/Appellant\'s for leave to appeal out of time, there is no logic in keeping the deposit in court as there are no more proceedings pending.
I therefore allow the applicant's Notice of Motion dated 20th September 2011 and filed in court on 21st September 2011.
It is so ordered.
Dated, signed and delivered at Nakuru this 1st day of February, 2012
M. J. ANYARA EMUKULE
JUDGE