[2024] KEHC 16317 (KLR)
The court found that the application for release of the deposited security was unopposed, and the appeal had already been dismissed with costs in favour of the respondent/applicant. There being no objection from the appellants/respondents, and in the interest of expeditious disposal of matters, the court allowed the...
Source-derived case information.
- Citation
- [2024] KEHC 16317 (KLR)
- Parties
- Appellant: Edmond Munyasi; Appellant: Kenya Malik Limited; Appellant: Omieno Omieno; Respondent: Raphael Macharia Wajiku
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E009 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Release of Deposited Security
- Outcome
- Application allowed; funds to be released; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Security for Costs, Release of Funds, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edmond Munyasi
Appellant
Kenya Malik Limited
Appellant
Omieno Omieno
Appellant
Raphael Macharia Wajiku
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Release of Deposited Security
Legal Issues
- 1 Whether the sum of Kshs.778,636 deposited as security for costs should be released to the respondent/applicant following dismissal of the appeal.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the application for release of the deposited security was unopposed, and the appeal had already been dismissed with costs in favour of the respondent/applicant. There being no objection from the appellants/respondents, and in the interest of expeditious disposal of matters, the court allowed the application and ordered the release of the sum of Kshs.778,636 to the respondent/applicant. No order as to costs was made for the application, as both parties agreed to this position.
Court Disposition
Application allowed; funds to be released; no order as to costs.
Orders
- The sum of Kshs.778,636 deposited in court by the defence on 19th May, 2022 to be released to the applicant/respondent forthwith.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Munyasi & 2 others v Wajiku (Civil Appeal E009 of 2022) [2024] KEHC 16317 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16317 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E009 of 2022
DO Chepkwony, J
December 18, 2024
Between
Edmond Munyasi
1st Appellant
Kenya Malik Limited
2nd Appellant
Omieno Omieno
3rd Appellant
and
Raphael Macharia Wajiku
Respondent
(Being an Appeal from the Judgment delivered on 19th January, 2022 at the Senior Principal Magistrate’s Court at Kikuyu by Hon. Z. W. Gichana, (SRM))
Ruling
1. This matter is for interparties hearing of the Notice of Motion application dated 15th August, 2024 in which the Respondent/Applicant is seeking for orders:-a.That this Honourable Court be pleased to order that money deposited in this Court by defence on 19th May, 2022 amounting to Kshs.778,636/= only be released to the Respondent/Applicant without further delay.b.That the cost of this application be provided for.
2. The Application is supported by the grounds set out on its face and the Supporting Affidavit sworn by BensonWainaina Kamunde, Advocate on even date. The gist of it being that the said Kshs.778,636. 00 was deposited in court by the Respondent/Applicant as security for costs pending the hearing and determination of the appeal, which appeal has since been dismissed with costs in favour of the Respondent/Applicant.
3. The Appellant/Respondent’s counsel has orally responded and informed court that they are not opposed to the deposited security to be released to the Applicant/Respondent without costs. To which the Respondent/ Applicant’s counsel has not objected to so as to save on court’s time.
4. In the circumstances, since the application is unchallenged, the Notice of Motion application dated 13th August, 2024 is hereby allowed in the following terms:-a.The sum of Kshs.778,636. 00 deposited in this Court by the defence on 19th May, 2022 to be released to the Applicant/ Respondent forthwith.b.No orders as to costs.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 18TH DAY OF DECEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Mwangi counsel for the Respondent/ApplicantM/S Nangira counsel for the Appellant/RespondentCourt Assistant - Martin