Transglobal Cargo Centre Ltd v Bridgeway Logistics Limited [2022] KEHC 12671 (KLR)

Transglobal Cargo Centre Ltd v Bridgeway Logistics Limited (Civil Appeal 886 of 2007) [2022] KEHC 12671 (KLR) (Civ) (26 July 2022) (Directions)

Neutral citation: [2022] KEHC 12671 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal 886 of 2007

JN Mulwa, J

July 26, 2022

Between

Transglobal Cargo Centre Ltd

Appellant

and

Bridgeway Logistics Limited

Respondent

Directions

1. The ruling on the two applications dated October 30, 2019 and 2/12/2019 was delivered earlier today in the presence of the parties advocates.

2. However, a clarification was sought as to the party to whom the deposit of Kshs. 100,000/= as security, and deposited in court would be released upon the dismissal of the appeal.

3. The parties Advocates upon discussing have both agreed that the Depositor was the Respondent in the Appeal, Bridgeway Logistics Limited.

4. At paragraph 12 of the Ruling, the court correctly determined that the deposit should be released to the Depositor, but by error, stated the Depositor as the Appellant Transglobal Cargo Centre Limited.

5. For the above reasons, and by dint of Section 99 of the Civil Procedure Act, I now proceed to correct the errors stated above.

6. Consequently, the deposit into court of Kshs. 100,000/= shall be released to the Depositor Bridgeway Logistics Limited, the Respondent in the Appeal. Paragraph 13 is also corrected to read:“Consequently, the Respondent’s application dated 2nd December, 2019 is hereby allowed to the extent that the funds deposited in court in the sum of Kshs. 100,000/= shall be released to the Respondent, Bridgeway Logistics Limited.”

7. At paragraph 14, it is corrected to read:That the Appellant’s - Transglobal Cargo Centre Ltd application dated 30th October, 2019 is hereby dismissed.”Orders accordingly.

DATED SIGNED AND DELIVERED THIS 26TH DAY OF JULY 2022. J.N. MULWAJUDGE