Monarch Insurance Company Limited v Joan Natalia Naibai

Monarch Insurance Company Limited v Naibai (Civil Appeal E408 of 2025) [2026] KEHC 452 (KLR) (Civ) (26 January 2026) (Ruling) Neutral citation: [2026] KEHC 452 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E408 OF 2025 LP KASSAN, J JANUARY 26, 2026 BETWEEN MONARCH INSURANCE COMPANY LIMITED .............................. APPLICANT AND JOAN NATALIA NAIBAI ................................................................... RESPONDENT RULING 1. The application dated the 25th day of April seeks to release the decretal amount deposited to Court to the Applicant account. The main reason is that the deposit was done outside limitation. In an earlier ruling in this matter, this Court allowed the Appellant to appeal out of time and if this Court was to release the decretal amount deposited to the Court to the Applicant's account, that appeal would be rendered nugatory. It is safe if these monies remain in its custody during the pendency of this Appeal. 2. That being the case the Application is dismissed and since the respondent failed to deposit the deccretal amount within the time limit, it is condemned to pay costs. DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 26TH DAY OF JANUARY 2026. HON L P KASSAN JUDGE In the presence of; Kavogali for Applicant Kipngeno holding brief Mandela for Respondent Carol – Court Assistant ORDER https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/452/eng@2026-01-26 1

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