Moses Njenga & Moturi Anoks t/a Rock Mirror School v B E [2016] KEHC 1926 (KLR)
- Court
- High Court of Kenya
- Case number
- 1926
- Citation
- [2016] KEHC 1926 (KLR)
- Decided
- 16 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a civil suitCoramC.W Githua
Holding
The court finds that the 2nd appellant failed to prove that he deposited the money, and orders that the entire amount payable to the respondent by the 1st appellant be paid from the money held in the Housing Finance Company of Kenya fixed deposit account.
Facts
The 2nd appellant, Moses Njenga, deposited Kshs. 199,800 in a joint interest earning account to secure a lower court decree pending an appeal. The appeal was decided on merit, absolving the 2nd appellant of liability.
Issues
- Whether the 2nd appellant is entitled to the release of the deposited sum and accrued interests.
- Who among the appellants deposited the money in the joint account.
Reasoning
The court determined that the 2nd appellant was not the depositor of the money, as the deposit receipts do not show the name of the depositor.
Outcome
The application is dismissed with costs.
Orders
- The entire amount payable to the respondent by the 1st appellant be paid from the money held in the Housing Finance Company of Kenya fixed deposit account.
- The balance of the funds should be released to the 2nd appellant's advocates on record for onward transmission to the 2nd appellant.
Remedies
- Costs of the application to be in the cause.
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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