John Bosco Maundu v William Wambua Kiwia & 2 others [2015] KEHC 1478 (KLR)
- Court
- High Court of Kenya
- Case number
- 1478
- Citation
- [2015] KEHC 1478 (KLR)
- Decided
- 23 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramJ. K. SERGON
Holding
The motion is allowed in terms of prayers 3, 4 and 5
Facts
The Plaintiff filed a suit for general damages for unlawful arrest, detention, malicious prosecution and imprisonment. The primary suit was reconstructed into H.C.C.C. no. 1165 of 2003, where the Plaintiff was awarded kshs,800,000/= plus costs and interest. The Plaintiff attempted to execute the decree, but the Defendant put hurdles on the Plaintiff's attempts.
Issues
- Whether the Plaintiff is entitled to further monies beyond those stated in the warrants dated 30th July 2014
- Whether the Defendant is entitled to a refund of kshs.700,000/= deposited in court
Reasoning
The Defendant explained and proved that sums in excess of those stated in the warrants were paid. The Plaintiff is estopped from claiming further monies other than those stated in the warrants dated 30th July 2014.
Outcome
The motion is allowed
Orders
- The warrants and decree issued on the 30th of July 2014 be amended by reducing the sum stated in the said warrants by ksh.700,000/=
- The sum due is kshs.1,196,647/=
- The warrants herein be lifted after payment by the 2nd Defendant/applicant of the balance of the sum due of kshs.1,196,647/=
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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