ERDEMANN COMPANY (K) LTD v FERDINARD KOMBO [2008] KEHC 2456 (KLR)
- Court
- High Court of Kenya
- Case number
- 2456
- Citation
- [2008] KEHC 2456 (KLR)
- Decided
- 30 May 2008
The court grants the release of the sum of Kshs.558,804/00 to the defendant. The second prayer for the execution of the balance of the price accumulated is struck out as misconceived.
Facts
The plaintiff, Erdemann Company (K) Ltd, deposited Kshs.558,804/00 towards a decree awarded by the lower court. The defendant, Ferdinard Kombo, applied for the release of this sum and for the execution of the balance of the price accumulated up to April 19, 2008.
Issues
- The release of the sum of Kshs.558,804/00 deposited by the plaintiff
- The execution of the balance of the price accumulated up to April 19, 2008
Reasoning
The court dismissed the application for further extension of time to file appeal and dealt with the application for the release of the sum of Kshs.558,804/00. The decree has not been sent to this court for execution, and the lower court is responsible for matters of execution.
Outcome
The application is allowed, and the sum of Kshs.558,804/00 is released to the defendant. The second prayer is struck out.
Orders
- The sum of Kshs.558,804/00 is released to the defendant through his advocates on record towards satisfaction of the decree
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