Fredrick J Odhiambo & Phoebe Ayugi O Josiah v Wyclife Nyabera Aluse [2014] KEHC 4279 (KLR)

REPUPLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL  APPEAL CASE NO 158  OF 2010

FREDRICK J. ODHIAMBO……………………..……1ST APPELLANT

PHOEBE AYUGI O. JOSIAH…………………………..2ND APPELLANT

-VERSUS-

WYCLIFE NYABERA ALUSE………………….……….RESPONDENT

RULING

I have considered the application dated 19th March 2014. The orders that were given by Justice Lesiit on the 31st August 2010 are clear that money that was deposited in court be kept in an interest earning account in the joint names of the advocates to the parties. The money was deposited and is still in court.

The applicant now seeks to have the stay vacated for reasons that money has not been deposited in joint interest earning account in the names of the advocates. The applicant states that in February 2011 the advocates opened a joint interest earning account at cooperative Bank of Kenya City Hall Branch A/C No. 0113623136950. If the advocates have opened the account then what the applicant should pursue is to have the money in court transferred to the said account.

The orders sought in prayer No. 1 are not warranted and I decline to grant the said order. No orders as to costs.

Dated, signed and delivered this 5th Day of February 2014.

R. E OUGO

JUDGE

In the presence of:

……………………………………..……..……………1st & 2nd Appellant

…………..……………………………………….…………….Respondent

....................………………...……………………………..Court clerk