Henry Kurendi & 1 other v Joseph Njuguna Wanjiku

Kurendi & another v Wanjiku (Miscellaneous Application 360 of 2022) [2025] KEHC 16431 (KLR) (Civ) (10 November 2025) (Ruling) Neutral citation: [2025] KEHC 16431 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS APPLICATION 360 OF 2022 JN MULWA, J NOVEMBER 10, 2025 BETWEEN HENRY KURENDI ............................................................................ 1ST APPELLANT MOINDI THOMAS NYAMTO ....................................................... 2ND APPELLANT AND JOSEPH NJUGUNA WANJIKU ......................................................... RESPONDENT RULING 1. By the affidavit of service dated 3/10/2025, I am satisfied that the Motion dated 17/09/2025 and hearing notice for today, 10/11/2025 was duly served upon the Respondents Advocate Kimondo Gachoka & Co. Advocates. 2. They have not filed any response to the motion. I have perused and considered the reliefs sought by the Applicant. I confirm that the decretal sum as delivered in the judgment dated 11/03/2022 in the trial court in the sum of Kshs. 1,570,340/= upon which a decree was drawn. 3. Upon the Applicants’ motion dated 16/06/2022, the Appellants were granted leave to file appeal out of time on conditions that 40% of the decretal sum be deposited in court as security pending hearing and determination of the appeal being Kshs. 528,136 and the appeal be filed within 60 days from date of the ruling. 4. On 29/08/2024, the appeal was dismissed for failure by the appellants to file the appeal, by way of a record of appeal. By the instant application dated 17/09/2025, the Respondent seeks an order for release of the money deposited in court in the sum of Kshs. 376,831 to the Respondent through his advocates Ombuna Ongeri & Co. Advocates. There being no appeal on record and/or pending hearing and determination, the motion is allowed interms of prayer No. 1 only. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16431/eng@2025-11-10 1

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