Gediel Mugambi M’imaria & 2 others v Robert M’impwi Mungania [2018] KEELC 244 (KLR)
- Court
- Environment & Land Court
- Case number
- 244
- Citation
- [2018] KEELC 244 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek to have the security deposit of Kshs.350,000 released to the respondent.CoramE. C. CHERONO, ENVIRONMENT AND LAND COURT JUDGE KERUGOYA
Holding
The security deposit of Kshs.350,000 deposited by the 2nd appellant should be released to the applicant.
Facts
The 2nd appellant filed a notice of motion seeking an order staying execution of a decree pending appeal. The court ordered the 2nd appellant to deposit Kshs.350,000 as security. The appeal was dismissed, and the decree has not been satisfied.
Issues
- Whether the security deposit should be released to the applicant as the decree holder.
- Whether the costs of the application should be provided for.
Reasoning
The appeal was dismissed, and the decree has not been satisfied. The application is allowed as the decree holder is the applicant.
Outcome
The security deposit of Kshs.350,000 is released to the applicant.
Orders
- That the honourable court be pleased to order that the security deposit of the sum of Kshs.350,000 deposited in court by the 2nd appellant be released to the respondent.
Remedies
- The security deposit of Kshs.350,000 is released to the applicant.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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