Yara East Africa Limited & 1 other v Bhole Pan House Enterprises Limited & 1 other

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. Spent b. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10434/eng@2026-06-11 1

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