Daniel Githaiga v Thomas Kibui Muituma

Githaiga v Muituma (Civil Appeal 627 of 2016) [2024] KEHC 13217 (KLR) (Civ) (31 October 2024) (Ruling) Neutral citation: [2024] KEHC 13217 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL 627 OF 2016 JN MULWA, J OCTOBER 31, 2024 BETWEEN DANIEL GITHAIGA ............................................................................... APPELLANT AND THOMAS KIBUI MUITUMA ............................................................ RESPONDENT RULING 1. The Motion dated 7/05/2024 brought by the Respondent herein is unopposed. The applicant seeks an order for release of funds deposited in court as security by the appellant for the due performance of the decree pending hearing and determination of the appeal. Though served with the motion, the appellant has not filed any replying affidavit or any objection at all. 2. The appeal was heard and judgment delivered on 2/05/2023 dismissing the same with costs to the Respondent/applicant. The trial court's judgment was delivered on 22/09/2016 whereof the Plaintifi/Respondent was awarded Kshs. 648,251.64 and a decree issued. 3. In the circumstances, the applicant in this motion is in order to seek that the money deposited in court be released to him upon dismissal of the appeal as part payment of the decretal sum. There being no objection to the motion by the Appellant, I proceed to allow the motion dated 7/05/2024 as prayed. 4. Let the sum of Kshs. 337,552.30 deposited in court be released to the Respondent, Thomas Kabui Muituma through his advocates on record, Mbai Waweru Advocates. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13217/eng@2024-10-31 1

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