REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 574 OF 2017 LAVINGTON SECURITY LTD.....APPELLANT/APPLICANT VERSUS FLORA KAMENE KAVOI.................................RESPONDENT (Being an appeal from part of the Judgment of Hon. Senior Principal Magistrate Mr. D. W. Mburu delivered on the 28 th of October, 2016 in CMCC No. 1795 of 2015) RULING This ruling relates to the application dated the 6 th day of June, 2019, brought by the Appellant/Applicant under Orders 51 Rule (1), 42 Rule 32 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. The order sought by the applicant is for release of kshs. 402,265/- being the decretal sum deposited in court. It is based on the grounds set out on the body of the same and it’s supported by the annexed affidavit sworn by Raymond Koech, on 6 th day of June, 2019. The application is not opposed by the respondent and when it came up in court on 17 th June, 2019, they did not attend court though they had been served. The deponent states that the appellant deposited in court a sum of Kshs. 402, 265/- being the decretal sum pursuant to a court order. He has annexed a copy of the deposit slip marked as exhibit “RK” That the appeal was heard and determined and the same was allowed and the lower court suit dismissed. He has sought for the refund of that money to the Appellant/Applicant. The court has considered the application together with the supporting affidavit. The Appellant states that it deposited the aforesaid sum in court as a condition for stay pending the hearing and determination of the appeal. I have perused the record of the proceedings and I can confirm that the appeal was heard and determined on the 3 rd day of April, 2019. There is no evidence that the responded intends to challenge that judgment in any way and even if there was, the amount sought to be released was deposited as security pending the hearing and determination of the appeal filed herein which has been finalized. The applicant has annexed a deposit slip as evidence that the money was deposited in court In the premises aforesaid, I see no reason why the decretal sum should not be released to the appellant. I allow the application dated the 6 th day of June 2019 but with no orders as to costs. Dated, Signed and Delivered at Nairobi this 19TH Day of JUNE, 2019. ......................... L. NJUGUNA JUDGE In the Presence of …………………………. For the Applicant …………………………. For the Respondent
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.