Munyasi & 2 others v Wajiku [2024] KEHC 16317 (KLR) | Security For Costs | Esheria

Munyasi & 2 others v Wajiku [2024] KEHC 16317 (KLR)

Full Case Text

Munyasi & 2 others v Wajiku (Civil Appeal E009 of 2022) [2024] KEHC 16317 (KLR) (18 December 2024) (Ruling)

Neutral citation: [2024] KEHC 16317 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E009 of 2022

DO Chepkwony, J

December 18, 2024

Between

Edmond Munyasi

1st Appellant

Kenya Malik Limited

2nd Appellant

Omieno Omieno

3rd Appellant

and

Raphael Macharia Wajiku

Respondent

(Being an Appeal from the Judgment delivered on 19th January, 2022 at the Senior Principal Magistrate’s Court at Kikuyu by Hon. Z. W. Gichana, (SRM))

Ruling

1. This matter is for interparties hearing of the Notice of Motion application dated 15th August, 2024 in which the Respondent/Applicant is seeking for orders:-a.That this Honourable Court be pleased to order that money deposited in this Court by defence on 19th May, 2022 amounting to Kshs.778,636/= only be released to the Respondent/Applicant without further delay.b.That the cost of this application be provided for.

2. The Application is supported by the grounds set out on its face and the Supporting Affidavit sworn by BensonWainaina Kamunde, Advocate on even date. The gist of it being that the said Kshs.778,636. 00 was deposited in court by the Respondent/Applicant as security for costs pending the hearing and determination of the appeal, which appeal has since been dismissed with costs in favour of the Respondent/Applicant.

3. The Appellant/Respondent’s counsel has orally responded and informed court that they are not opposed to the deposited security to be released to the Applicant/Respondent without costs. To which the Respondent/ Applicant’s counsel has not objected to so as to save on court’s time.

4. In the circumstances, since the application is unchallenged, the Notice of Motion application dated 13th August, 2024 is hereby allowed in the following terms:-a.The sum of Kshs.778,636. 00 deposited in this Court by the defence on 19th May, 2022 to be released to the Applicant/ Respondent forthwith.b.No orders as to costs.

It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 18TH DAY OF DECEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Mwangi counsel for the Respondent/ApplicantM/S Nangira counsel for the Appellant/RespondentCourt Assistant - Martin