[2022] KEHC 12671 (KLR)
The court determined that the security deposit of Kshs. 100,000 was made by the respondent, Bridgeway Logistics Limited, and that the earlier ruling erroneously identified the appellant as the depositor. By virtue of Section 99 of the Civil Procedure Act, the court has the authority to correct such errors....
Source-derived case information.
- Citation
- [2022] KEHC 12671 (KLR)
- Parties
- Appellant: Transglobal Cargo Centre Ltd; Respondent: Bridgeway Logistics Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 886 of 2007
- Procedural Posture
- Civil Appeal / Directions on Correction of Ruling and Release of Security Deposit
- Outcome
- Respondent's application allowed to the extent of release of funds; appellant's application dismissed; ruling corrected under Section 99 Civil Procedure Act.
- Judges
- JN Mulwa
- Legal Topics
- Security for Costs, Correction of Ruling, Release of Court Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transglobal Cargo Centre Ltd
Appellant
Bridgeway Logistics Limited
Respondent
Procedural Posture
Civil Appeal / Directions on Correction of Ruling and Release of Security Deposit
Legal Issues
- 1 Who is entitled to the release of the Kshs. 100,000 security deposit upon dismissal of the appeal.
- 2 Whether the court's earlier ruling erroneously identified the party entitled to the deposit.
Ratio Decidendi
The court determined that the security deposit of Kshs. 100,000 was made by the respondent, Bridgeway Logistics Limited, and that the earlier ruling erroneously identified the appellant as the depositor. By virtue of Section 99 of the Civil Procedure Act, the court has the authority to correct such errors. Accordingly, the court ordered that the deposit be released to the respondent, Bridgeway Logistics Limited, and amended the relevant paragraphs of the ruling to reflect this correction. The appellant's application was dismissed, and the respondent's application was allowed to the extent of the release of the funds.
Court Disposition
Respondent's application allowed to the extent of release of funds; appellant's application dismissed; ruling corrected under Section 99 Civil Procedure Act.
Orders
- The deposit of Kshs. 100,000 shall be released to the respondent, Bridgeway Logistics Limited.
- Paragraph 13 of the ruling is corrected to state that the funds deposited in court shall be released to the respondent, Bridgeway Logistics Limited.
Full Case Text
Judgment text and source record
23 paragraphs
Transglobal Cargo Centre Ltd v Bridgeway Logistics Limited (Civil Appeal 886 of 2007) [2022] KEHC 12671 (KLR) (Civ) (26 July 2022) (Directions)
Neutral citation: [2022] KEHC 12671 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 886 of 2007
JN Mulwa, J
July 26, 2022
Between
Transglobal Cargo Centre Ltd
Appellant
and
Bridgeway Logistics Limited
Respondent
Directions
1. The ruling on the two applications dated October 30, 2019 and 2/12/2019 was delivered earlier today in the presence of the parties advocates.
2. However, a clarification was sought as to the party to whom the deposit of Kshs. 100,000/= as security, and deposited in court would be released upon the dismissal of the appeal.
3. The parties Advocates upon discussing have both agreed that the Depositor was the Respondent in the Appeal, Bridgeway Logistics Limited.
4. At paragraph 12 of the Ruling, the court correctly determined that the deposit should be released to the Depositor, but by error, stated the Depositor as the Appellant Transglobal Cargo Centre Limited.
5. For the above reasons, and by dint of Section 99 of the Civil Procedure Act, I now proceed to correct the errors stated above.
6. Consequently, the deposit into court of Kshs. 100,000/= shall be released to the Depositor Bridgeway Logistics Limited, the Respondent in the Appeal. Paragraph 13 is also corrected to read:“Consequently, the Respondent’s application dated 2nd December, 2019 is hereby allowed to the extent that the funds deposited in court in the sum of Kshs. 100,000/= shall be released to the Respondent, Bridgeway Logistics Limited.”
7. At paragraph 14, it is corrected to read:That the Appellant’s - Transglobal Cargo Centre Ltd application dated 30th October, 2019 is hereby dismissed.”Orders accordingly.
DATED SIGNED AND DELIVERED THIS 26TH DAY OF JULY 2022. J.N. MULWAJUDGE