SIMON IMBAYI LUBIRA v SOCIETY OF TRANSPORT INTERNATIONAL OF RWANDA [2010] KEHC 116 (KLR)
- Court
- High Court of Kenya
- Case number
- 116
- Citation
- [2010] KEHC 116 (KLR)
The court dismissed the application to release the deposit and ordered the defendant to apply for setting aside the judgment or pursue the application filed on the same so that the judgment can be set aside before considering the request to release the deposit.
Facts
The plaintiff, Simon Imbayi Lubira, was insured by UAP Provincial Insurance Company Limited for motor vehicle third-party risks. The defendant, Society of Transport International of Rwanda, was insured by Soras Insurance Company, a Rwandese Insurance Company. An ex-parte judgment was entered against the defendant on February 6, 2010, by Visram J. The parties agreed to set aside the ex-parte judgment on October 3, 2003, and the defendant deposited Kshs. 300,000 in a joint bank account.
Issues
- Whether the sum of Kshs. 300,000 deposited by the defendant should be released back to the defendant's advocates
- Whether the defendant should be granted costs
Reasoning
The court did not agree that the deposit should be released because the judgment in the plaintiff's favor still stands, and the deposit was made for security of that judgment.
Outcome
The application was dismissed
Orders
- The sum of Kshs. 300,000 deposited by the defendant should not be released
- The defendant should apply for setting aside the judgment or pursue the application filed on the same
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21 Laws of Kenya)
- Insurance (Motor Vehicles 3rd party Risks) Act, Cap 403 laws of Kenya
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