[2024] KEHC 12265 (KLR)
The court found that the appellant, having succeeded in the appeal and there being no evidence of a pending appeal or stay of execution, is entitled to the immediate release of the decretal sum and accrued interest deposited in the joint account pursuant to the consent order. The absence of opposition from the...
Source-derived case information.
- Citation
- [2024] KEHC 12265 (KLR)
- Parties
- Appellant: Stanley Muluvi Kiima t/a Mutunga & Company Advocates; Respondent: Allan Muthui Ndigirigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E997 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Motion for Release of Deposited Funds
- Outcome
- Application allowed; orders granted as prayed.
- Judges
- JN Mulwa
- Legal Topics
- Release of Decretal Sum, Security for Judgment, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Muluvi Kiima t/a Mutunga & Company Advocates
Appellant
Allan Muthui Ndigirigi
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Motion for Release of Deposited Funds
Legal Issues
- 1 Whether the appellant is entitled to the immediate release of the deposited decretal sum and accrued interest following a successful appeal.
- 2 Whether there is any legal basis for continued withholding of the funds in the absence of a pending appeal.
Ratio Decidendi
The court found that the appellant, having succeeded in the appeal and there being no evidence of a pending appeal or stay of execution, is entitled to the immediate release of the decretal sum and accrued interest deposited in the joint account pursuant to the consent order. The absence of opposition from the respondent and the lack of any legal basis for continued withholding of the funds led the court to grant the orders sought. The court emphasized that a successful litigant should not be deprived of the fruits of judgment in the absence of a lawful impediment, and that the security deposited in compliance with a consent order must be released to the party in whose favour the final...
Court Disposition
Application allowed; orders granted as prayed.
Orders
- The sum of Kshs. 8,693,754.00 deposited in Joint Account No. 1313263710 at KCB Bank, Capital Hill Branch, Nairobi, together with all accrued interest, shall be released forthwith to the appellant.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
Stanley Muluvi Kiima t/a Mutunga & Company Advocates v Ndigirigi (Civil Appeal E997 of 2022) [2024] KEHC 12265 (KLR) (Civ) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12265 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E997 of 2022
JN Mulwa, J
October 15, 2024
Between
Stanley Muluvi Kiima t/a Mutunga & Company Advocates
Appellant
and
Allan Muthui Ndigirigi
Respondent
(An Appeal from the Judgment of the Principal Magistrate, Nairobi, Milimani Commercial Courts, (The Honourable Mr. E.M. KAGONI) delivered on the 1st day of December 2022 in Nairobi, Milimani Chief Magistrate’s Court Civil Suit No. 4217 of 2015)
Ruling
1. By a Notice of Motion dated 18/6/2024, the Appellant/ Applicant herein, Stanley Muluvi Kiima T/A Mutunga & Company Advocates, seeks an order that the sum of Kshs. 8,693,754. 00/= deposited in an interest-earning Joint Account No. 1313263710 in the joint names of the law firms of Amolo & Gacoka Advocates for the Respondent and Wangai Nyuthe & Company Advocates for the Appellant at KCB BANK, Capital Hill Branch, Nairobi be released to the Appellant forthwith.
2. The court has considered the supporting affidavit sworn on even date by Advocate Moses Kinyanjui for the applicant, and notes the appeal was heard and judgment delivered in favour of the Applicant on 11/6/2024 dismissing the trial court's suit. The court has not been told of a pending appeal or otherwise in respect of the judgment.
3. The application is unopposed.
4. By a consent order executed by advocates of both parties on 4/3/2023 as stated at paragraph 2 of this motion, a sum of Kshs. 8,693,754. 00 was deposited into a joint interest earning bank account at KCB, and a further sum of Kshs. 1,000,000/= deposited in court as security by the Appellant/ Applicant.
5. There being no reason for the continued withholding of the decretal sum and all accrued interests from the successful party, the Appellant, Prayer numbers 2 and 3 of the Application dated 18/6/2024 are hereby granted.
6. Costs of the application shall be in the cause.
DELIVERED DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF OCTOBER 2024. JANET MULWAJUDGE