Peter Onsongo Ogeto v Shem Osiago Morumbwa & another [2019] KEELC 3087 (KLR)

Facts

The plaintiff seeks an order that in the event the 2nd defendant exercises its statutory power of sale, the surplus from the sale of the suit property be deposited in court as security pending hearing and determination of the suit. The plaintiff also seeks that in the event the 1st defendant services his outstanding loan with the 2nd defendant, title documents in respect of the suit property be deposited in court as security pending hearing and determination of the suit.

Issues

1. Whether the application is res judicata
2. Whether the applicant is entitled to security pending hearing and determination of the suit

Reasoning

The court finds that the previous ruling did not address the issue of security pending hearing and determination of the suit. The court then considers the relevant provisions of the Civil Procedure Act and rules that the applicant is entitled to security under Order 39 Rule 1 or Order 39 Rule 5.

Outcome

The application is granted

Authorities cited