[2025] KEHC 2398 (KLR)
The court found that since the appeal had been struck out and there was no opposition or legal impediment to the application, the security deposit of Kshs. 300,000/- held in court should be released to the respondent through their advocates. The deposit was originally meant to secure due performance of the decree,...
Source-derived case information.
- Citation
- [2025] KEHC 2398 (KLR)
- Parties
- Appellant: Joseph Mathenge Kabiru; Appellant: Julius Miguria Ngahu; Respondent: Edwin Shisanya Amboso
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 139 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
- Outcome
- application allowed
- Judges
- JN Mulwa
- Legal Topics
- Security for Costs, Release of Deposit, Appeal Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mathenge Kabiru
Appellant
Julius Miguria Ngahu
Appellant
Edwin Shisanya Amboso
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
Legal Issues
- 1 Whether the security deposit should be released to the respondent after the appeal was struck out.
Ratio Decidendi
The court found that since the appeal had been struck out and there was no opposition or legal impediment to the application, the security deposit of Kshs. 300,000/- held in court should be released to the respondent through their advocates. The deposit was originally meant to secure due performance of the decree, and with the appeal no longer subsisting, its continued retention by the court was unwarranted.
Court Disposition
application allowed
Orders
- The sum of Kshs. 300,000/- deposited in court as security is to be released to B. N. Mbuthia & Company Advocates for onward transmission to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
Kabiru & another v Amboso (Civil Appeal 139 of 2024) [2025] KEHC 2398 (KLR) (At Nairobi) (5 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2398 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
At Nairobi
Civil Appeal 139 of 2024
JN Mulwa, J
March 5, 2025
Between
Joseph Mathenge Kabiru
1st Appellant
Julius Miguria Ngahu
2nd Appellant
and
Edwin Shisanya Amboso
Respondent
Ruling
1. The Notice of Motion Application dated 18/11/2024 filed by the Respondent has been considered alongside the applicants submissions filed on 20/01/2025.
2. The appellants though served with the motion have not filed any response thereto.
3. In the motion, the applicant who is the respondent in the appeal seeks orders that the sum of Kshs. 300,000/- deposited in court by the appellant vide a court order dated 3/02/2024 as security be released to the appellants on grounds that the Appeal by a Memorandum of Appeal dated 30/01/2024 was struck out on 14/11/2024. That having been done, and there being no impediment filed, the deposit having been security for the due performance of the decree is of no purpose remaining in courts custody.
4. The sum of Kshs. 300,000/- was deposited on two occasions; Kshs. 150,000/= on 28/02/2024 and Kshs. 150,000/= on 11/03/2024 by the firm of B. N. Mbuthia & Company Advocates.
5. The court therefore directs and orders that the said sum be released to the firm of B. N. Mbuthia & Company Advocates for onward transmissions to its client the respondent herein.Orders accordingly.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 5TH DAY OF MARCH 2025. ........................JANET MULWA.JUDGE