[2025] KEHC 3807 (KLR)

[2025] KEHC 3807 (KLR)

The court adopted the consent of the parties dated 19th March 2025, which provided for the release of the decretal sum of Kshs.513,600 plus accrued interest deposited in court to the appellant's advocate. The court found no reason to withhold the funds as both parties had agreed to the terms, and there was no...

Source-derived case information.

Citation
[2025] KEHC 3807 (KLR)
Parties
Appellant: Platinum Credit Limited; Respondent: Paul Thumbi Njenga
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Appeal E371 of 2021
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Release of Decretal Sum
Outcome
application allowed by consent; decretal sum to be released to appellant's advocate
Judges
DO Chepkwony
Legal Topics
Release of Decretal Sum, Consent Orders, Court Deposits
Source Language
en
Civil Procedure Release of Decretal Sum Consent Orders Court Deposits

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Parties

Platinum Credit Limited

Appellant

Paul Thumbi Njenga

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion for Release of Decretal Sum

  1. 1 Whether the decretal sum deposited in court by the appellant should be released to the appellant's advocate as per the parties' consent.

Ratio Decidendi

The court adopted the consent of the parties dated 19th March 2025, which provided for the release of the decretal sum of Kshs.513,600 plus accrued interest deposited in court to the appellant's advocate. The court found no reason to withhold the funds as both parties had agreed to the terms, and there was no opposition from the respondent. The consent, once adopted, became an order of the court, and the application for release of the funds was allowed accordingly.

Court Disposition

application allowed by consent; decretal sum to be released to appellant's advocate

Orders

  • The decretal sum amount of Kshs.513,600 plus accrued interest deposited in court by the appellant's advocate on 15th January, 2024 be released to the appellant's advocate.