https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10434
The application was unopposed; the court therefore allowed it and ordered release of the Kshs. 3,830,445 deposited as security in the appeal to the 1st Respondent/Applicant.
Source-derived case information.
- Citation
- [2026] KEHC 10434 (KLR)
- Parties
- 1st Appellant: Yara East Africa Limited; 2nd Appellant: Samuel Namale; 1st Respondent: Bhole Pan House Enterprises Limited; 2nd Respondent: Timewatch Logistics Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E165 of 2023
- Procedural Posture
- Civil Appeal / Application for Release of Decretal Sum/security Pending Appeal
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Release of Deposited Decretal Sum, Security for Appeal, Unopposed Application, Costs
- 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
Yara East Africa Limited
1st Appellant
Samuel Namale
2nd Appellant
Bhole Pan House Enterprises Limited
1st Respondent
Timewatch Logistics Limited
2nd Respondent
Procedural Posture
Civil Appeal / Application for Release of Decretal Sum/security Pending Appeal
Legal Issues
- 1 Whether the court should release the decretal sum deposited in court as security pending appeal
- 2 Whether the application should be allowed where no response was filed by the respondents
Ratio Decidendi
The application was unopposed; the court therefore allowed it and ordered release of the Kshs. 3,830,445 deposited as security in the appeal to the 1st Respondent/Applicant.
Court Disposition
Application allowed
Orders
- Kshs. 3,830,445 deposited as security in the appeal by the appellants shall be released to the 1st Respondent/Applicant.
- The file is closed.
Full Case Text
Judgment text and source record
1 paragraphs
Yara East Africa Ltd & another v Bhole Pan House Enterprises Ltd & another (Civil Appeal E165 of 2023) [2026] KEHC 10434 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 10434 (KLR) Republic of Kenya In the High Court at Bungoma Civil Appeal E165 of 2023 E Ominde, J June 11, 2026 Between Yara East Africa Limited 1st Appellant Samuel Namale 2nd Appellant and Bhole Pan House Enterprises Limited 1st Respondent Timewatch Logistics Limited 2nd Respondent Ruling 1.Before this court is an Application by the Applicant dated 11th February, 2026 brought Under Section 1A, 1B, 3 and 3A of the Civil Procedure Act Order 51 Rule 1 of the Civil Procedure Rules, 2010 seeking the following orders:a.Spentb.That this Honourable Court be pleased to order the release of the decretal sum of Kenya Shillings Three Million Eight Hundred and Thirty Thousand, Four Hundred and Forty-Five (Kshs. 3,830,445) deposited in Court.c.That the Costs of this Application be provided for. 2.The application is supported by the grounds on the face of it and the affidavit of Mercy Corazzone Akinyi sworn on 23rd April 2026. 3.Counsel for the Applicant Mr. Mukisu stated that the application dated 28th April 2026 that is coming up. The respondents were served and Stheir Affidavit of Service dated 28th April 2026 is filed and there is no response to the same therefore he prays that the Monies deposited in court pending the hearing and determination of the Appeal be allowed as prayed. 4.I have considered the Application and for reasons that it is not opposed, the same is allowed as follows: -a.An order is now hereby issued directing that Kshs. 3,830,445/= deposited as security in the appeal by the appellants be released to the 1st Respondent/ Applicant.b.This file is now hereby closed. READ DATED AND SIGNED AT BUNGOMA ON 11TH DAY OF JUNE, 2026E. OMINDEJUDGE