DELKAN ENTERPRISES LTD v MASAKU COUNTRY COUNCIL [2008] KEHC 2409 (KLR)
- Court
- High Court of Kenya
- Case number
- 2409
- Citation
- [2008] KEHC 2409 (KLR)
- Decided
- 27 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review of an order made on 17.8.2006CoramIsaac Lenaola
Holding
The order of review is granted, and the Plaintiff is obligated to deposit Kshs. 90,000 into court, and the motor vehicles are released unconditionally.
Facts
On 18.3.2005, the Defendant seized two motor vehicles due to lack of a business permit. On 9.8.2006, the Plaintiff applied for their release, and on 17.8.2006, an order was made for the Plaintiff to deposit Kshs. 90,000 in court and for James Singh to make certain undertakings. The advocates failed to agree on a joint account, leading to the present application.
Issues
- Whether the order of review should be granted
- Whether the Plaintiff has complied with the consent order
Reasoning
The Plaintiff has practically complied with the consent order by depositing Kshs. 90,000 in court, and the delay in releasing the vehicles is a serious inconvenience.
Outcome
Grant of review
Orders
- The Plaintiff is obligated to deposit Kshs. 90,000 into court
- Motor vehicles KAF 351Z and KAP 014N are released unconditionally to the Plaintiff
Remedies
- The Plaintiff is released from the obligation to deposit the full amount of Kshs. 90,000
Authorities cited
Cases cited (2)
- Order XLIV Rule 1 of the Civil Procedure Rules
- Kimita and another vs Wakaburu [1985] LLR 246 (CAK)
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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