[2024] KEHC 14018 (KLR)
The court found that the respondent's appeal against the judgment in favour of the applicant was dismissed for want of prosecution, and that the respondent had complied with the earlier order to deposit the decretal sum of Kshs. 1,600,000 as security for stay of execution. Since the appeal was no longer pending and...
Source-derived case information.
- Citation
- [2024] KEHC 14018 (KLR)
- Parties
- Applicant: Josephat Chege Macharia & 2 others; Respondent: Grace Wanjiku Gichira (Minor) Suing through Rodha Wanjiku Muthami
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E582 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Release of Decretal Sum After Dismissal of Appeal
- Outcome
- application allowed
- Judges
- TW Ouya
- Legal Topics
- Stay of Execution, Release of Decretal Sum, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Chege Macharia & 2 others
Applicant
Grace Wanjiku Gichira (Minor) Suing through Rodha Wanjiku Muthami
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Release of Decretal Sum After Dismissal of Appeal
Legal Issues
- 1 Whether the applicant is entitled to the release of the decretal sum deposited in court as security after dismissal of the respondent's appeal.
- 2 Whether the court should grant the applicant's prayer for release of funds forthwith.
Ratio Decidendi
The court found that the respondent's appeal against the judgment in favour of the applicant was dismissed for want of prosecution, and that the respondent had complied with the earlier order to deposit the decretal sum of Kshs. 1,600,000 as security for stay of execution. Since the appeal was no longer pending and the applicant remained the decree holder, the applicant was entitled to the release of the deposited sum. The court therefore granted the applicant's prayer for the immediate release of the Kshs. 1,600,000 to the applicant/decree holder.
Court Disposition
application allowed
Orders
- The decretal sum of Kshs. 1,600,000 deposited by the respondents as security shall be released to the applicant/decree holder forthwith in the manner prayed in the application.
Full Case Text
Judgment text and source record
22 paragraphs
Macharia & 2 others v Gichira (Minor) Suing through Rodha Wanjiku Muthami Rodha Wanjiku Muthami (Miscellaneous Application E582 of 2023) [2024] KEHC 14018 (KLR) (Civ) (11 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14018 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Civil
Miscellaneous Application E582 of 2023
TW Ouya, J
November 11, 2024
Between
Josephat Chege Macharia & 2 others & 2 others
Applicant
and
Grace Wanjiku Gichira (Minor) Suing through Rodha Wanjiku Muthami
Respondent
Ruling
1. Having considered the Notice of motion application dated 30th September 2024 by the applicant through counsel together with the supporting affidavit and annextures thereto, the court observes that: 1. The Respondents herein filed an appeal vide memorandum dated 26th July 2023 to appeal against Judgement dated 5th May 2023 in favour of the Applicant/Decree holder. Herein.
2. That the court had directed that decretal sum be deposited in court as a condition to stay of execution.
3. That pursuant to the above order, the Respondent complied by depositing Kshs, 1,600,000 in court.
4. That the said appeal has since been dismissed on 1st July 2024 for failure to show cause after the Respondents failed to attend court and/ or prosecute the matter.
5. That orders to that effect were issued by the Deputy Registrar on 2nd August 2024.
6. That this court therefore grants the Applicant’s prayer that the decretal sum of Kshs. 1,600,000 deposited by the Respondents as security be released to the Applicant/ Decree holder forthwith in the manner and as prayed in this application.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER, 2024ROA 14 days.HON. T. W. OuyaJUDGE11/11/2024For Appellant No AppearanceFor Respondent No AppearanceCourt Assistant Martin