https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10182
Because the appeal had been dismissed and the security for due performance had served its purpose, and because the application was unopposed, the court found the applicant entitled to release of the deposited sum.
Source-derived case information.
- Citation
- [2026] KEHC 10182 (KLR)
- Parties
- Appellant: Pride Drive Limited; Respondent: Hannah Gathoni Kagwi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E145 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion After Dismissal of Appeal
- Outcome
- Application allowed as prayed.
- Judges
- ["JM Chigiti"]
- Legal Topics
- Release of Security for Due Performance, Decretal Sum, Unopposed Application, Execution After Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pride Drive Limited
Appellant
Hannah Gathoni Kagwi
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion After Dismissal of Appeal
Legal Issues
- 1 Whether the court should release the deposited security for due performance after dismissal of the appeal.
- 2 Whether the applicant was entitled to the part decretal sum held in an interest-earning account.
Ratio Decidendi
Because the appeal had been dismissed and the security for due performance had served its purpose, and because the application was unopposed, the court found the applicant entitled to release of the deposited sum.
Court Disposition
Application allowed as prayed.
Orders
- The part decretal sum of Kshs. 60,000 deposited in the interest-earning bank account held at Kingdom Bank shall be released to the bank account provided by the advocates for the respondent/applicant.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
Pride Drive Ltd v Kagwi (Civil Appeal E145 of 2025) [2026] KEHC 10182 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KEHC 10182 (KLR) Republic of Kenya In the High Court at Eldoret Civil Appeal E145 of 2025 JM Chigiti, J July 10, 2026 Between Pride Drive Limited Appellant and Hannah Gathoni Kagwi Respondent Ruling 1.The applicant has moved the court by way of Notice of Motion dated 6th of February 2026 seeking the following orders:1.…Spent.2.That this Honourable court be and is hereby pleased to release the part decretal sum of Kshs. 60,000.00 deposited in an interest earning Bank Account- Account No. 0012093187002 held at Kingdom bank be released to the bank account provided by the advocates for the Respondent/Applicant. 2.The costs of and incidental to this Application be in the course. 3.On 28th July 2025 the court directed the appellant to deposit sum of Kshs. 60,000 a security for due performance of the decree. 4.The said amount was deposited in the above-mentioned Account. 5.Subsequently the appeal was dismissed on 30th January 2026.There is need to release the funds in the circumstances that given that the purpose of the security is spent. 6.The application is not opposed. 7.The court is satisfied that the applicant is entitled to the orders sought.Order;In the circumstances, the application is allowed as prayed. DATED, SIGNED AND DELIVERED AT ELDORET THIS 10TH DAY OF JULY, 2026.……………………………….J. CHIGITI (SC)JUDGE