https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2687
The court found that the applicant had made attempts to comply and that the respondents' side had not been keen on opening the joint account. In the circumstances, and given the set timelines, the application was allowed, but compliance was redirected to a deposit of Kshs 500,000 in court within 21 days, with costs...
Source-derived case information.
- Citation
- [2026] KEELC 2687 (KLR)
- Parties
- Applicant: Timoi Farms and Estates Limited; 1st Respondent: Joyce Gathoni Kiarie (Administrator of the Estate of Joseph Wanyoike Kiarie - Deceased); 2nd Respondent: Johnstone Kiarie Kamira; 3rd Respondent: Land Registrar Nakuru
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E003 of 2021
- Procedural Posture
- Environment and Land Miscellaneous Application / Ruling on Notice of Motion for Enlargement of Time to Comply With Security for Costs Order
- Outcome
- Application allowed in part; time enlarged and mode of compliance varied to deposit in court.
- Judges
- ["LC Komingoi"]
- Legal Topics
- Enlargement of Time, Security for Costs, Deposit of Money in Court, Joint Interest Earning Account, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timoi Farms and Estates Limited
Applicant
Joyce Gathoni Kiarie (Administrator of the Estate of Joseph Wanyoike Kiarie - Deceased)
1st Respondent
Johnstone Kiarie Kamira
2nd Respondent
Land Registrar Nakuru
3rd Respondent
Procedural Posture
Environment and Land Miscellaneous Application / Ruling on Notice of Motion for Enlargement of Time to Comply With Security for Costs Order
Legal Issues
- 1 Whether the application for enlargement of time to deposit Kshs 500,000 as security for costs was merited
- 2 Whether the applicant had shown sufficient basis to vary the mode of compliance from a joint interest earning account to deposit in court
Ratio Decidendi
The court found that the applicant had made attempts to comply and that the respondents' side had not been keen on opening the joint account. In the circumstances, and given the set timelines, the application was allowed, but compliance was redirected to a deposit of Kshs 500,000 in court within 21 days, with costs against the applicant.
Court Disposition
Application allowed in part; time enlarged and mode of compliance varied to deposit in court.
Orders
- The sum of Kshs 500,000 being security for costs shall be deposited in court within twenty-one (21) days from the date of the ruling.
- Costs of the application shall be borne by the Appellant/Applicant.
Full Case Text
Judgment text and source record
1 paragraphs
Timoi Farms and Estates Limited v Kiarie (Administrator of the Estate of Joseph Wanyoike Kiarie - Deceased) & 2 others (Environment and Land Miscellaneous Application E003 of 2021) [2026] KEELC 2687 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEELC 2687 (KLR) Republic of Kenya In the Environment and Land Court at Nakuru Environment and Land Miscellaneous Application E003 of 2021 LC Komingoi, J May 7, 2026 Between Timoi Farms and Estates Limited Applicant and Joyce Gathoni Kiarie (Administrator of the Estate of Joseph Wanyoike Kiarie - Deceased) 1st Respondent Johnstone Kiarie Kamira 2nd Respondent Land Registrar Nakuru 3rd Respondent Ruling 1.This is a ruling in respect of the Notice of Motion dated 20th March 2026, brought under Order 45 and Order 50 (6) of the Civil Procedure Rules, Section 1A & B of the Civil Procedure Rules. 2.It seeks orders;1.Spent2.That this Honorable Court be pleased to enlarge compliance period for depositing the sum of Kshs500,000/= in a joint interest earning account between counsel on record for the Appellant and the 1st Respondent, for another 60 days.3.That in the alternative to prayer 2 hereinabove, the Appellant be directed to deposit the said sum in court.4.That costs of this application be in cause. 3.The grounds are in the face of the application and are set out in paragraph a to g. 4.The application is supported by the Affidavit sworn by Isaiah Kiptarus Kimeiywo, a director of the Appellant /Applicant sworn on the 20th March 2026. 5.The Application is opposed. There is a Replying Affidavit sworn on behalf of the Respondents. 6.The Notice of Motion was canvassed by oral submissions. 7.I have considered the Notice of Motion, the affidavit in support, the response thereto and the oral submissions. The issue for determination is whether this Application is merited. 8.It is the Appellant’s contention that the failure to open a joint interest earning account is beyond its control. 9.I have considered the circumstances herein and the fact that the account was to be opened in the joint names of the two counsel. I have also noted the submissions by the Appellant’s counsel on the attempts to open the said account. 10.It appears to the court that the Respondent’s counsel has not been keen. Given the time lines set, I hereby allow the Application in the following terms;a.That the sum of Kshs500,000/= being security for costs be deposited in court within twenty-one (21) days from the date of this ruling.b.That costs of the application be borne by the Appellant. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 7TH DAY OF MAY 2026.L KOMINGOIJUDGEIN PRESENCE OF :-Mr. Kairu Maina for the ApplicantMs. Osebe for Mr Otwere for the 1st RespondentMs. Cherotich for Mr. Gai for the 2nd RespondentCourt Assistant: Derick