Icea Lion General Insurance Company Ltd v Pamela Atieno Odundo [2022] KEHC 27052 (KLR)
- Court
- High Court of Kenya
- Case number
- 27052
- Citation
- [2022] KEHC 27052 (KLR)
Summary at a glance
TypeCivil AppealPostureRespondent/applicant moved the court by way of Notice of Motion seeking orders to release a deposit and other relief.CoramKIARIE WAWERU KIARIE
The court ordered the respondent to issue a full and accurate statement of the fixed deposit account and to bear the costs of the application. The deposit was not released, and the appellant was given a chance to pursue their intended appeal in the Court of Appeal.
Facts
The respondent/applicant sought the release of a deposit of Kshs.537,610.00 from a joint fixed deposit account in the names of Onyinkwa & Co. Advocates and Maube Muyeya and Associates at Mayfair Bank Limited, Eldoret Branch. The deposit was made to ensure the appeal was heard and determined.
Issues
- Whether the application is competent and merited.
- Whether the applicant has suffered substantial loss and damage if the deposit is not released.
- Whether the applicant has furnished security to cater for any sum that may be paid to him.
- Whether the intended appeal is an arguable appeal with overwhelming chances of success.
Reasoning
The appeal was determined on 29th June, 2021, and the conditions for depositing the money have expired. The court gave the appellant a chance to pursue their appeal in the Court of Appeal.
Outcome
The deposit was not released.
Orders
- The respondent to issue a full and accurate statement of the fixed deposit account.
- The costs of the application to be borne by the appellant.
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