Invesco Assurance Company Limited v David Kiplimo Muge (Suing as the Legal Representative of the Estate of the Late Ann Aseyo [2019] KEHC 8526 (KLR)
- Court
- High Court of Kenya
- Case number
- 8526
- Citation
- [2019] KEHC 8526 (KLR)
- Decided
- 13 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of Hon. B. Mararo, Principal MagistrateCoramJ.N. MULWA
Holding
The court allows the application and sets aside the trial court's ruling, substituting it with an order that the applicant do pay throw away costs to the respondent assessed at Kshs.50,000/= within 30 days of this ruling.
Facts
The applicant, Invesco Assurance Company Limited, was ordered to deposit the entire decretal sum of Kshs.1,742,546/= in a joint account in the parties' advocates' names pending hearing. The applicant was dissatisfied with this order.
Issues
- Whether the trial court erred in requiring the applicant to deposit the decretal sum for a non-existing judgment in a bank pending the hearing of the suit.
- Whether the trial court erred in requiring the applicant to deposit the decretal sum for a non-existing judgment in a bank pending the hearing of the suit.
Reasoning
The court held that the order for depositing the decretal sum had no basis in law as the Ex parte judgment had already been set aside, and that the only requirement was to order payment of throw away costs to the respondent.
Outcome
The appeal is allowed.
Orders
- Order that the applicant do pay throw away costs to the respondent assessed at Kshs.50,000/= within 30 days of this ruling.
- In default the respondent shall be at liberty to execute for the costs.
Remedies
- Payment of throw away costs to the respondent.
Authorities cited
Legislation (3)
- Order 39 rule 1 CPR
- Order 39 rule 1 CPR
- Order 39 rule 1 CPR
Cases cited (4)
- Esther Wamaitha Njihia –vs- Safaricom Ltd (2014) e KLR
- Oscar Juma –vs- Telcom Kenya Ltd & 2 Others (2019) e KLR
- Shah –vs- Shah (1982) KLR
- Pravichandra Jamnadas Kakad –vs- Lucas Oluoch Mumia (2015) e KLR
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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