REUBEN INDIATSI NASIBI v ALFRED MACHAYO & 2 others [2012] KEHC 5699 (KLR)
- Court
- High Court of Kenya
- Case number
- 5699
- Citation
- [2012] KEHC 5699 (KLR)
- Decided
- 27 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for setting aside stay order and for release of fundsCoramG.V. ODUNGA
Holding
The stay order is set aside, and the bank is ordered to release funds held in the account to the plaintiff.
Facts
The plaintiff sought a stay of execution of a judgment and orders pending an appeal, and the rent collected was to be deposited in a joint account. The plaintiff's advocates were unable to access the account due to lack of information.
Issues
- Whether the plaintiff's application should be granted
- Whether the bank should be ordered to release funds held in the account
Reasoning
The court found that the plaintiff's application has merit and that the bank's conduct in opening the account without necessary documentation does not favor them. The court also noted that the bank's presence is necessary to ensure the orders are realized.
Outcome
The stay order is set aside, and the bank is ordered to release funds.
Orders
- Set aside the stay order
- Order the bank to release funds held in the account to the plaintiff
Remedies
- Release of funds held in the account
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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.
Loading judgment…