Seo and Sons Limited v M’Mburugu [2024] KEHC 1145 (KLR)

Seo and Sons Limited v M’Mburugu (Civil Appeal E047 of 2022) [2024] KEHC 1145 (KLR) (18 January 2024) (Ruling)

Neutral citation: [2024] KEHC 1145 (KLR)

Republic of Kenya

In the High Court at Meru

Civil Appeal E047 of 2022

TW Cherere, J

January 18, 2024

Between

Seo and Sons Limited

Appellant

and

Fredrick Koome M’Mburugu

Respondent

Ruling

1. By judgment dated 21st September, 2023, this court upheld the trial court’s judgment in favour of the Applicant against the Respondent for ksh 6,930,577/- and for special damages in the sum of ksh 380/-.

2. By a previous order dated 23rd June, 2023, this court had granted an order of stay of execution pending appeal on condition that Respondent deposits ksh 1,000,000/- as security which order the Respondent duly complied with.

3. Based on the ground that the judgment sum remains unsettled, Applicant by notice of motion dated 08th November, 203 seeks that the sum of ksh 1,000,000/- deposited by the Respondent be released to the Applicant as part payment of the decretal sum. The application is supported by an affidavit sworn by the Applicant on 08th November, 2023 in which he reiterates the prayers in the application.

4. The application was served on Respondent’s advocate but as at the time of hearing the application, no response had been filed. The application is therefore unopposed.

5. I have considered the application and I find that it is merited for the reason that the judgment sum which is due from the Respondent who is the depositor of the security sum remains unsettled.

6. It is therefore ordered that the sum of ksh 1,000,000/- deposited in court by the Respondent be released to the Applicant’s advocates as part settlement of the decretal sum.

DATED AT MERU THIS 18TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Njindo for Ngunjiri Michael & Co. AdvocatesFor Respondent - N/A for Hashim & Leisagor & Co Advocates