[2024] KEHC 1145 (KLR)
The court found that the application for release of the KES 1,000,000 security deposit was merited because the judgment sum due from the respondent remained unsettled and the application was unopposed. The court exercised its discretion to order the release of the deposited sum to the applicant's advocates as part...
Source-derived case information.
- Citation
- [2024] KEHC 1145 (KLR)
- Parties
- Appellant: Seo and Sons Limited; Respondent: Fredrick Koome M’Mburugu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E047 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Release of Security Deposit
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Stay of Execution, Security for Judgment, Release of Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seo and Sons Limited
Appellant
Fredrick Koome M’Mburugu
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Release of Security Deposit
Legal Issues
- 1 Whether the sum of KES 1,000,000 deposited as security should be released to the applicant as part payment of the decretal sum.
- 2 Whether the application is merited in the absence of opposition from the respondent.
Ratio Decidendi
The court found that the application for release of the KES 1,000,000 security deposit was merited because the judgment sum due from the respondent remained unsettled and the application was unopposed. The court exercised its discretion to order the release of the deposited sum to the applicant's advocates as part settlement of the decretal sum, in line with the purpose of security for judgment and the absence of any contest from the respondent.
Court Disposition
application allowed
Orders
- The sum of KES 1,000,000 deposited in court by the respondent is to be released to the applicant’s advocates as part settlement of the decretal sum.
Full Case Text
Judgment text and source record
21 paragraphs
Seo and Sons Limited v M’Mburugu (Civil Appeal E047 of 2022) [2024] KEHC 1145 (KLR) (18 January 2024) (Ruling)
Neutral citation: [2024] KEHC 1145 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E047 of 2022
TW Cherere, J
January 18, 2024
Between
Seo and Sons Limited
Appellant
and
Fredrick Koome M’Mburugu
Respondent
Ruling
1. By judgment dated 21st September, 2023, this court upheld the trial court’s judgment in favour of the Applicant against the Respondent for ksh 6,930,577/- and for special damages in the sum of ksh 380/-.
2. By a previous order dated 23rd June, 2023, this court had granted an order of stay of execution pending appeal on condition that Respondent deposits ksh 1,000,000/- as security which order the Respondent duly complied with.
3. Based on the ground that the judgment sum remains unsettled, Applicant by notice of motion dated 08th November, 203 seeks that the sum of ksh 1,000,000/- deposited by the Respondent be released to the Applicant as part payment of the decretal sum. The application is supported by an affidavit sworn by the Applicant on 08th November, 2023 in which he reiterates the prayers in the application.
4. The application was served on Respondent’s advocate but as at the time of hearing the application, no response had been filed. The application is therefore unopposed.
5. I have considered the application and I find that it is merited for the reason that the judgment sum which is due from the Respondent who is the depositor of the security sum remains unsettled.
6. It is therefore ordered that the sum of ksh 1,000,000/- deposited in court by the Respondent be released to the Applicant’s advocates as part settlement of the decretal sum.
DATED AT MERU THIS 18TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Njindo for Ngunjiri Michael & Co. AdvocatesFor Respondent - N/A for Hashim & Leisagor & Co Advocates