Mwanaisha Wariga & Evanson Kamau Waithiki v Philip Musungu [2016] KEHC 8022 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

CIVIL  DIVISION

CIVIL APPEAL CASE NO. 633 B OF 2008

MWANAISHA WARIGA……………..……………………….1ST APPLICANT

EVANSON KAMAU WAITHIKI……....………….…………..2ND APPLICANT

VERSUS

PHILIP MUSUNGU ……………..……………………….…... RESPONDENT

RULING

1. The application dated 28th August,2013 seeks orders that the amount of Kshs.490,000/= deposited as security in this case be released to the appellants.

2. The application is supported by the affidavit sworn by the applicants on 27th August, 2013.  It is stated by the applicants that they deposited the decretal sum in court pending the hearing of the appeal.  That the appeal has been determined in the appellants favour, hence this application.

3. The application is opposed.  No papers have been filed in opposition to the application.  During the hearing of the application, there was no attendance for the respondent though service had been effected.  The application proceeded ex parte.

4. I have considered the application.  I have also perused the file.  The appeal was allowed and the Respondent’s claim was dismissed as per the judgment dated 19th November, 2012.  Consequently, there is no reason why the kshs.490,000/= deposited in the joint names of the counsels for the parties herein should not be released to the applicants.

5. Although the counsel holding brief for Mr. Owoga for the applicants referred to another application dated 11th February, 2013, I have found to such application on the record.

6. With the foregoing the application dated 28th August, 2013 is allowed as prayed.

Dated, signed and delivered at Nairobi this 21st  day of Sept , 2016.

B. THURANIRA JADEN,

JUDGE