[2015] KEHC 7512 (KLR)
The court found that the applicant was entitled to the release of funds held in the specified bank accounts, together with accrued interest, as the taxed costs had been confirmed by the Deputy Registrar and the prior judgment had determined the entitlement to the partnership funds. The court ordered the funds to be...
Source-derived case information.
- Citation
- [2015] KEHC 7512 (KLR)
- Parties
- Plaintiff: Luke Wagana; Plaintiff: Godrey Maina Mwangi; Plaintiff: Fater Kiago Mwangi; Plaintiff: James Wanguo Kanyi; Plaintiff: Ngure Mwangi; Defendant: John Ciira; Interested Party: Equity Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 171 of 1998
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons for Release of Funds and Payment of Taxed Costs
- Outcome
- Application allowed; funds to be released and distributed as per judgment; costs to be borne by all parties.
- Judges
- DA Onyancha
- Legal Topics
- Enforcement of Judgments, Release of Funds, Taxation of Costs, Partnership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Wagana
Plaintiff
Godrey Maina Mwangi
Plaintiff
Fater Kiago Mwangi
Plaintiff
James Wanguo Kanyi
Plaintiff
Ngure Mwangi
Plaintiff
John Ciira
Defendant
Equity Bank Limited
Interested Party
Procedural Posture
Civil Suit / Ruling on Chamber Summons for Release of Funds and Payment of Taxed Costs
Legal Issues
- 1 Whether the court should order Equity Bank Limited to release funds held in specified accounts to the applicant.
- 2 Whether the applicant is entitled to accrued interest on the said funds.
- 3 How the taxed costs and remaining partnership funds should be distributed among the parties.
Ratio Decidendi
The court found that the applicant was entitled to the release of funds held in the specified bank accounts, together with accrued interest, as the taxed costs had been confirmed by the Deputy Registrar and the prior judgment had determined the entitlement to the partnership funds. The court ordered the funds to be released to the applicant's advocate, who was to deduct the taxed costs and distribute the remaining funds among the partners according to their shares or equally. The court also determined that the costs of the application should be borne by all parties, reflecting the collective responsibility in the partnership context and the absence of opposition to the application.
Court Disposition
Application allowed; funds to be released and distributed as per judgment; costs to be borne by all parties.
Orders
- The Manager of Equity Bank Limited, Co-operative Branch (Account Number 0020100011371) and Kiriaini Branch (Account Number 005010151744) is ordered to release the funds, together with accrued interest, to the Applicant's Advocate T. T. M. Aswan within 15 days.
- The Applicant's Advocate shall deduct Ksh.402,905 as taxed costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL SUIT NO. 171 OF 1998
LUKE WAGANA. ……………………..……. 1ST PLAINTIFF
GODREY MAINA MWANGI. ……………... 2ND PLAINTIFF
FATER KIAGO MWANGI. ……………...… 3RD PLAINTIFF
JAMES WANGUO KANYI. …………..……. 4TH PLAINTIFF
NGURE MWANGI. ………………………….. 5TH PLAINTIFF
VERSUS
JOHN CIIRA. …………………...DEFENDANT/APPLICANT
EQUITY BANK LIMITED. ……..……. INTERESTED PARTY
R U L I N G
The application before the court is the Chamber Summons dated 16th October, 2012. It sought first for the order that the Court Orders Equity Bank Limited, Kiriaini Branch to release funds held in Bank Account Number 0050101514744 and also at Co-operative Branch Account Number 0020100011371 to the Applicant herein. Secondly, it sought accrued interest on the said funds from the Bank.
Further, taxation of costs had been completed and this court had sought a confirmation of the same so that the same would be ordered payable from the partnership funds aforesaid before the balance of the said partnership funds would be divided equally between partners or in accordance with each partners share.
The court has confirmed that the taxed costs payable to the Applicant herein, as ascertained by the Deputy Registrar by the order of this court is shown to be Ksh.402,905/-
The court accordingly make the following final orders based on the Judgment of this court by Mwera, J dated 10th October, 2011.
ORDERS
The Manager of Equity Bank Limited of Co-operative Branch in respect of the said Branch Account Number 0020100011371and Kiriaini Branch, in respect to the Branch Account Number 005010151744 are hereby ordered to release the funds therefrom, together with accrued interest to date, to the Applicant Advocate T. T. M. Aswan, within 15 days.
Mr. T. T. M. Aswan shall divide the said funds as follows: -
Deduct Ksh.402,905/- as taxed costs.
Divide the balance as per the judgment of this court among partners as per each partner’s share or equally, as the case will be.
Costs of this application shall be borne by all the parties herein.
Dated and delivered at Nairobi this 2nd day of July, 2015.
………………………..
D A ONYANCHA
JUDGE