Esther Jerotich Rotich & another v Sidian Bank Limited & another [2020] KEHC 1833 (KLR)
- Court
- High Court of Kenya
- Case number
- 1833
- Citation
- [2020] KEHC 1833 (KLR)
- Decided
- 7 October 2020
The court sets aside the conditions on the granted order of 24/7/2020 that the applicant pays auctioneers charges and deposits half of the decretal amount in an agreed financial institution within 7 days hereof, failure to which the orders shall stand vacated.
Facts
Appellants sought an injunction against respondents pending an appeal to the Court of Appeal, subject to paying auctioneers charges and depositing half the decretal sum in a joint interest earning account.
Issues
- Whether there is an error on the face of the record to warrant review by the court
- Whether the court's order to pay auctioneers charges and deposit half the decretal sum is valid
Reasoning
The court found that there was no decretal amount and the applicant wouldn't have known the sum to deposit in a joint interest earning account. The auctioneer's fee had been debited from the account, and setting aside the conditions would not amount to double compensation.
Outcome
The application for review is allowed.
Orders
- The conditions on the granted order of 24/7/2020 that the applicant pays auctioneers charges and deposits half of the decretal amount in an agreed financial institution within 7 days hereof, failure to which the orders shall stand vacated are set aside.
Remedies
- The court sets aside the conditions on the granted order of 24/7/2020 that the applicant pays auctioneers charges and deposits half of the decretal amount in an agreed financial institution within 7 days hereof, failure to which the orders shall stand vacated.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Banking Act
Loading judgment…