[2012] KEHC 529 (KLR)

[2012] KEHC 529 (KLR)

The court found that the KShs 30,340 was deposited in court specifically as payment of the Defendant's certified costs from the previous suit, not as security for costs in the present suit. The order for deposit was made after the Defendant applied for stay of the present suit pending payment of her costs from the previous suit. The costs in the present suit were ordered to be borne by each party, and thus have no bearing on the previously awarded costs. There was no legal or factual basis to deny the Defendant access to her certified costs, and the Plaintiff's opposition was based on a mistaken understanding of the nature of the deposit. The application for release of the funds was...

Citation
[2012] KEHC 529 (KLR)
Parties
Plaintiff: Mutemi Muli Munyambu; Defendant: Annah Mwikali
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 December 2012
Case Number
Civil Case 536 of 2010
Procedural Posture
Civil Case / Ruling on Notice of Motion for Release of Deposited Costs
Outcome
Application allowed; Defendant entitled to release of deposited costs; no order as to costs of the application.
Judges
DW Mbuteti
Legal Topics
Costs Awards, Security for Costs, Release of Deposited Funds
Source Language
English
Civil Procedure Costs Awards Security for Costs Release of Deposited Funds

Case Brief

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Parties

Mutemi Muli Munyambu

Plaintiff

Annah Mwikali

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion for Release of Deposited Costs

Legal Issues

  1. 1 Whether the Defendant is entitled to the release of KShs 30,340 deposited as costs from the previous suit.
  2. 2 Whether the costs deposited relate to the present suit or the previous suit.

Ratio Decidendi

The court found that the KShs 30,340 was deposited in court specifically as payment of the Defendant's certified costs from the previous suit, not as security for costs in the present suit. The order for deposit was made after the Defendant applied for stay of the present suit pending payment of her costs from the previous suit. The costs in the present suit were ordered to be borne by each party, and thus have no bearing on the previously awarded costs. There was no legal or factual basis to deny the Defendant access to her certified costs, and the Plaintiff's opposition was based on a mistaken understanding of the nature of the deposit. The application for release of the funds was...

Court Disposition

Application allowed; Defendant entitled to release of deposited costs; no order as to costs of the application.

Orders

  • The Defendant is granted an order for release of KShs 30,340 deposited in court as her certified costs from Milimani CMCC No 5412 of 2010.
  • No order as to costs of this application.