[2024] KEHC 12464 (KLR)
The court found that the applicant had complied with the condition for stay of execution by depositing the required sum as security. Upon dismissal of the appeal with costs, the respondents failed to satisfy the judgment and costs or oppose the application for release of the deposited funds. The court held that the...
Source-derived case information.
- Citation
- [2024] KEHC 12464 (KLR)
- Parties
- Applicant: Charity Muthoni Namu; Respondent: Samuel Njogu Gicovi; Respondent: Alexander Munyi; Respondent: Maurice Njagi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E174 of 2021
- Procedural Posture
- Civil Appeal / Post Judgment Enforcement Application
- Outcome
- Application allowed; orders granted as prayed.
- Judges
- DO Chepkwony
- Legal Topics
- Stay of Execution, Security for Due Performance, Attachment of Funds, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charity Muthoni Namu
Applicant
Samuel Njogu Gicovi
Respondent
Alexander Munyi
Respondent
Maurice Njagi
Respondent
Procedural Posture
Civil Appeal / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the applicant is entitled to the release of deposited security funds to satisfy the judgment and costs.
- 2 Whether the respondents' failure to oppose the application warrants granting the orders sought.
Ratio Decidendi
The court found that the applicant had complied with the condition for stay of execution by depositing the required sum as security. Upon dismissal of the appeal with costs, the respondents failed to satisfy the judgment and costs or oppose the application for release of the deposited funds. The court held that the applicant was entitled to have the funds released and attached for satisfaction of the judgment, decree, and certificate of costs. The absence of opposition or attendance by the respondents, despite proper service, justified granting the orders sought. The court therefore allowed the application and ordered the release and transfer of the deposited funds to the applicant's...
Court Disposition
Application allowed; orders granted as prayed.
Orders
- The monies held as deposit in the account paid into Kiambu Law Courts as security on 10th November, 2021, in the name of Kimondo Gachoka & Company Advocates, are hereby attached and shall be used to satisfy the judgment, decree, and certificate of costs in favour of the applicant.
- An order is issued attaching the monies held in the said account and directing that the same be sent to the account of Wangari Mwanzia & Associates at Family Bank, Account Number -15000007745, Bank Code 015, Swift Code FABLKENAX, Branch LAPTRUST.
Full Case Text
Judgment text and source record
25 paragraphs
Namu v Gicovi & 2 others (Civil Appeal E174 of 2021) [2024] KEHC 12464 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12464 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E174 of 2021
DO Chepkwony, J
October 17, 2024
Between
Charity Muthoni Namu
Applicant
and
Samuel Njogu Gicovi
1st Respondent
Alexander Munyi
2nd Respondent
Maurice Njagi
3rd Respondent
((Being an Appeal from the Judgment delivered by Honourable V. Kachuodho, SRM on 30th August, 2021 in HCCC No.64 of 2016 at Thika ))
Ruling
1. Vide a Chamber Summons application dated 4th October, 2024, the Applicant/Decree-Holder has sought for orders that:-a.Spent.b.That the monies held as deposit or otherwise in the account paid into Kiambu Law Courts as security on the 10th November, 2021 vide Deposit Reference No. EYM9JCWK and Deposit TransactionNo.TT21314B2ZMD in the name of Kimondo Gachoka & Company Advocates, Advocates for the Judgment-Debtor/Respondent may be sufficient for the full or partial satisfaction of the Judgment, Decree and Certificate of Costs given by this Honourable Court on 30th August, 2021, in favour of the Decree-Holder/Applicant now standing at Kshs.1,057,235. 00 as at the date of making this application plus interests and costs of this application.c.That an order does issue attaching and sending monies held in the said account to the Account.Account Name: Wangari Mwanzia & AssociatesBank Name: Family BankAccount Number: -15000007745Bank Code: 015Swift Code: FABLKENABranch Name: LAPTRUSTd.That costs of this application be provided.
2. The application is premised on the grounds set out on its face and deponed in the Affidavit sworn by Charity Muthoni Namu on even date. The gist of this application is that as a condition for stay of execution pending Appeal, the court ordered that an amount of Kshs.1,057,235. 00 be deposited in court as security for due performance and the same was duly deposited on 10th November, 2021. She appeal was heard and on 3rd July, 2024, the same was dismissed with costs. The Respondents have failed, declined and or refused to comply with the Decree and Certificate of Costs of this court.
3. Despite having been served with the application and hearing Notice, the Respondents/Judgment-Debtors and or their advocate has not filed a response or attended court to argue the application. This has been evidenced by the Affidavit of Service dated 11th October, 2024 and their absence in court.
4. In the circumstances, the Chamber Summons application dated 4th October, 2024 is unopposed and the same is allowed in the following terms:-a.That the monies held as deposit or otherwise in the account paid into Kiambu Law Courts as security on the 10th November, 2021 vide Deposit Reference No. EYM9JCWK and Deposit TransactionNo.TT21314B2ZMD in the name of Kimondo Gachoka & Company Advocates, Advocates for the Judgment-Debtor/Respondent be and are hereby attached and shall be used to satisfy the Judgment, Decree and Certificate of Costs given by this Honourable Court on 30th August, 2021, in favour of the Decree-Holder/ Applicant now standing at Kshs.1,057,235. 00 as at the date of making this application plus interests and costs of this application.b.That an order be and is hereby issued attaching monies held in the said account and the same to be sent to the following Account;Account Name: Wangari Mwanzia & AssociatesBank Name: Family BankAccount Number: -15000007745Bank Code: 015Swift Code: FABLKENABranch Name: LAPTRUST
It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF …OCTOBER…. 2024. (UPLOADED VIA ELECTRONIC MAIL)D. O. CHEPKWONYJUDGE