Musa Gabiraari Hamza & another v Philip Otieno Olwaro [2021] KEHC 13447 (KLR)
- Court
- High Court of Kenya
- Case number
- 13447
- Citation
- [2021] KEHC 13447 (KLR)
- Decided
- 21 October 2021
The prayer for extension of time is granted, and the Applicants are directed to deposit the sum of Kshs. 723,534/= into any of the specified banks within 45 days. The prayer for varying the consent order is declined.
Facts
The Applicants sought leave to appeal out of time and a stay of execution, agreeing to deposit half the decretal sum into a joint interest earning account or into court. The Respondent opposed the motion, claiming the Applicants had not complied with the terms of the consent order.
Issues
- Whether the Applicants can vary the consent order
- Whether the Applicants can extend the time to comply with the consent order
- Whether the Applicants can deposit the balance of the decretal sum into court
Reasoning
The court found that the Applicants had partially complied with the terms of the consent order by releasing half the decretal sum to the Respondent, and the differences between the parties' preferred banks do not justify varying the consent order.
Outcome
The motion is granted in part, with the Applicants directed to deposit the balance of the decretal sum into any of the specified banks within 45 days.
Orders
- Enlarging time for compliance by a further 45 days
- Directing deposit of the sum of Kshs. 723,534/= into any of the specified banks
Remedies
- Costs awarded to the Applicants
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- S M N v Z M S & 3 Others [2017] eKLR
- Flora N. Wasike v Destimo Wamboko [1988] eKLR
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