[2024] KEHC 13480 (KLR)
The court found that the application for release of the security deposit was properly served on the appellant, who failed to file any response or attend the hearing. The appeal having been dismissed, and there being no opposition to the application, the respondent/applicant was entitled to the release of the...
Source-derived case information.
- Citation
- [2024] KEHC 13480 (KLR)
- Parties
- Appellant: Samuel Munga Wainaina; Respondent: Ann Wairimu Thiga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 276 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
- Outcome
- application allowed
- Judges
- RC Rutto
- Legal Topics
- Security for Appeal, Release of Funds, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Munga Wainaina
Appellant
Ann Wairimu Thiga
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Release of Security Deposit
Legal Issues
- 1 Whether the respondent/applicant is entitled to the release of the security deposit following dismissal of the appeal.
- 2 Whether the application for release of funds is unopposed and properly served.
Ratio Decidendi
The court found that the application for release of the security deposit was properly served on the appellant, who failed to file any response or attend the hearing. The appeal having been dismissed, and there being no opposition to the application, the respondent/applicant was entitled to the release of the deposited funds. The court was satisfied that all procedural requirements were met, and there was no justification to withhold the funds. Accordingly, the application was allowed as prayed, and the security deposit was ordered to be released to the respondent/applicant through her advocates.
Court Disposition
application allowed
Orders
- Kshs. 1,940,878 deposited in court on 12/10/23 as security to this appeal be released to the respondent/applicant through the firm of K. Kibiku & Co. Advocates Account No. 100658628 NCBA Bank, The Mall Westlands.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Wainaina v Thiga (Civil Appeal 276 of 2023) [2024] KEHC 13480 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13480 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal 276 of 2023
RC Rutto, J
October 31, 2024
Between
Samuel Munga Wainaina
Appellant
and
Ann Wairimu Thiga
Respondent
Ruling
1. The respondent/applicant moved court by way of a Notice of Motion Application under Certificate of Urgency all dated 29th July, 2024. The Application is supported by the affidavit of Ann Wairimu Thuga. The application seeks that this court be pleased to order “the release of the sum of kshs. 1,940,878 deposited in court as security pursuant to this appeal on 12/10/2023 to the respondent/applicant through the firm of K. Kibiku & Co. Advocates Account No. 1006584628 NCBA Bank, The Mall Westlands”.
2. The application came for hearing before me on the 14th October 2024. Counsel for the applicant informed court that the application was necessitated by the fact that the appeal was dismissed, and that the respondent is required urgently to have implants removed.
3. The applicant also informed court that the appellant/respondent has never filed any response to oppose the application.
4. I have perused the CTS and note that indeed the appellant have not filed any response to the application.
5. I note that by the appellant/respondents were served with the said certificate of urgency and application and a return of service sworn by Henry Abuti Nandwa sworn 5th Aug, 2024 filed to proof service.
6. The appellant also failed to attend court on the 14th October 2024 when the matter came up for hearing. An affidavit of service sworn by Henry Abuti Nandwa dated 8/10/2024 proof that they were served with the mention notice for 14/10/2024.
7. Consequently, nothing that the application is unopposed, this court proceeds to allow the application dated 29th July, 2024 in the following terms.
8. a.Kshs. 1,940,878 deposited in court on 12/10/23 as security to this appeal be released to the respondent/applicant through the firm of K. Kibiku & Co. Advocates Account No. 100658628 NCBA Bank, The Mall Westlands.b.No orders as to costs.Orders accordingly.
RHODA RUTTOJUDGERULING DELIVERED VIRTUALLY ON 31ST DAY OF OCTOBER 2024 AT NAIROBI.Mr. Kibiku for the RespondentThe Firm of Kimondo Gachoka on record for the Appellant- N/ACourt assistant - Peter