Roy Parcel Services Limited v Express Kenya Limited [2017] KEHC 1670 (KLR)
- Court
- High Court of Kenya
- Case number
- 1670
- Citation
- [2017] KEHC 1670 (KLR)
- Decided
- 17 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppellant seeks to have the decretal sum released and costs provided for.CoramL. NJUGUNA
Holding
The application is allowed, and the decretal sum deposited with the court on November 8, 2000, should be released to the Respondent.
Facts
The Appellant lodged an appeal on April 5, 2000, and obtained an order staying execution, requiring the decretal sum plus costs to be deposited in court. The decretal sum of Ksh. 157,567 was deposited in court on November 8, 2000, pending the hearing and determination of the appeal. The appeal was dismissed on March 22, 2010, for non-attendance.
Issues
- Whether the decretal sum should be released and costs provided for.
- Whether the application was procedurally valid.
Reasoning
The court dismissed the appeal for non-attendance and since then, no other action has been taken in the matter. The decretal sum was deposited pending the hearing and determination of the appeal.
Outcome
Allowed
Orders
- The decretal sum deposited with the court on November 8, 2000, should be released to the Respondent Express Kenya Limited.
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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