[2025] KEHC 6827 (KLR)

[2025] KEHC 6827 (KLR)

The court found that the applicant had deposited Ksh 250,000 as security for the appeal in compliance with a court order. Since the appeal was concluded in the applicant's favour, there was no longer any justification for retaining the security. The applicant provided sufficient documentary evidence, including the court order and official receipt, confirming the deposit and the outcome of the appeal. The court was satisfied that the conditions for release of the security had been met and therefore allowed the application, ordering the immediate release of the deposited sum to the applicant.

Citation
[2025] KEHC 6827 (KLR)
Parties
Applicant: Urbanus Kioko Mbithi; Respondent: Julius Muchoki Maina; Respondent: Mbugua Loise Nduta
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Miscellaneous Application E509 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Release of Security Deposit
Outcome
application allowed
Judges
NW Sifuna
Legal Topics
Security for Appeal, Release of Deposit, Post Judgment Orders
Source Language
English
Civil Procedure Security for Appeal Release of Deposit Post Judgment Orders

Case Brief

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Parties

Urbanus Kioko Mbithi

Applicant

Julius Muchoki Maina

Respondent

Mbugua Loise Nduta

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Application for Release of Security Deposit

Legal Issues

  1. 1 Whether the applicant is entitled to the release of the security deposit following the conclusion of the appeal in his favour.

Ratio Decidendi

The court found that the applicant had deposited Ksh 250,000 as security for the appeal in compliance with a court order. Since the appeal was concluded in the applicant's favour, there was no longer any justification for retaining the security. The applicant provided sufficient documentary evidence, including the court order and official receipt, confirming the deposit and the outcome of the appeal. The court was satisfied that the conditions for release of the security had been met and therefore allowed the application, ordering the immediate release of the deposited sum to the applicant.

Court Disposition

application allowed

Orders

  • The sum of Ksh 250,000 deposited by the applicant as security for Nairobi HC Civil Appeal No. E916 of 2022 shall be forthwith released to him.