Daniel Musau Kimeu v John Maloli Kituku [2017] KEHC 5724 (KLR)
- Court
- High Court of Kenya
- Case number
- 5724
- Citation
- [2017] KEHC 5724 (KLR)
- Decided
- 10 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks review of an order to release a deposit to the appellant's advocate instead of the appellant.CoramJ. K. SERGON
Holding
The motion is well-founded and allowed with no order as to costs.
Facts
The appellant's advocate deposited Ksh.398,792 as security for the due performance of a decree. The appellant now seeks to have this amount released to his advocate instead of himself.
Issues
- Whether a mistake was made in drafting the application for the release of the deposit.
- Whether the appellant's insurers paid the deposit instead of the appellant.
Reasoning
The court finds the appellant's submission that a mistake was made in drafting the application and that the deposit was paid by the appellant's insurers to be well-founded. The motion is allowed.
Outcome
The motion is allowed.
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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