[2025] KEHC 5278 (KLR)

[2025] KEHC 5278 (KLR)

The court allowed the application because it was unopposed and found no reason to deny the relief sought. The applicant was ordered to deposit the specified sum in a joint interest earning account in the names of the parties' advocates within 45 days. The court exercised its discretion in favour of the applicant, noting the absence of opposition and the appropriateness of securing the sum pending further proceedings or resolution.

Citation
[2025] KEHC 5278 (KLR)
Parties
Applicant: Judith Atieno Omondi; Respondent: Judith Kemuma Ochieng
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Miscellaneous Civil Application E060 of 2025
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed
Judges
A Mabeya
Legal Topics
Security for Costs, Unopposed Application
Source Language
English
Civil Procedure Security for Costs Unopposed Application

Case Brief

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Parties

Judith Atieno Omondi

Applicant

Judith Kemuma Ochieng

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the unopposed application for deposit of security should be allowed.

Ratio Decidendi

The court allowed the application because it was unopposed and found no reason to deny the relief sought. The applicant was ordered to deposit the specified sum in a joint interest earning account in the names of the parties' advocates within 45 days. The court exercised its discretion in favour of the applicant, noting the absence of opposition and the appropriateness of securing the sum pending further proceedings or resolution.

Court Disposition

application allowed

Orders

  • The application is allowed upon depositing the sum of Kshs 316,850 in a joint interest earning account in the names of the Advocates for the parties within 45 days of the date hereof.
  • File closed.