Macharia & 2 others v Gichira (Minor) Suing through Rodha Wanjiku Muthami Rodha Wanjiku Muthami [2024] KEHC 14018 (KLR)

Macharia & 2 others v Gichira (Minor) Suing through Rodha Wanjiku Muthami Rodha Wanjiku Muthami (Miscellaneous Application E582 of 2023) [2024] KEHC 14018 (KLR) (Civ) (11 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14018 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Civil

Miscellaneous Application E582 of 2023

TW Ouya, J

November 11, 2024

Between

Josephat Chege Macharia & 2 others & 2 others

Applicant

and

Grace Wanjiku Gichira (Minor) Suing through Rodha Wanjiku Muthami

Respondent

Ruling

1. Having considered the Notice of motion application dated 30th September 2024 by the applicant through counsel together with the supporting affidavit and annextures thereto, the court observes that: 1. The Respondents herein filed an appeal vide memorandum dated 26th July 2023 to appeal against Judgement dated 5th May 2023 in favour of the Applicant/Decree holder. Herein.

2. That the court had directed that decretal sum be deposited in court as a condition to stay of execution.

3. That pursuant to the above order, the Respondent complied by depositing Kshs, 1,600,000 in court.

4. That the said appeal has since been dismissed on 1st July 2024 for failure to show cause after the Respondents failed to attend court and/ or prosecute the matter.

5. That orders to that effect were issued by the Deputy Registrar on 2nd August 2024.

6. That this court therefore grants the Applicant’s prayer that the decretal sum of Kshs. 1,600,000 deposited by the Respondents as security be released to the Applicant/ Decree holder forthwith in the manner and as prayed in this application.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER, 2024ROA 14 days.HON. T. W. OuyaJUDGE11/11/2024For Appellant No AppearanceFor Respondent No AppearanceCourt Assistant Martin