1. The court has considered the application, responses, evidence and submissions filed by both parties. The applicant is entitled to ventilate its appeal before the Court of Appeal. So too is the respondent entitled to enjoy the fruits of the judgment.
2. I note that the respondent is not opposed to the application being allowed as long as security is deposited. As such I hereby allow the application dated 27th November, 2023 on condition that the applicant does deposit the entire decretal amount in an interest earning account in the name of both parties within the next 30 days. The applicant shall file and serve the Record of Appeal within 30 days. If the said decretal amount is not deposited within this time the respondent shall be at liberty to execute.
3. This file is therefore closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 4TH DAY OF MARCH 2024.
F. MUGAMBI
JUDGE
2. I note that the respondent is not opposed to the application being allowed as long as security is deposited. As such I hereby allow the application dated 27th November, 2023 on condition that the applicant does deposit the entire decretal amount in an interest earning account in the name of both parties within the next 30 days. The applicant shall file and serve the Record of Appeal within 30 days. If the said decretal amount is not deposited within this time the respondent shall be at liberty to execute.
3. This file is therefore closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 4TH DAY OF MARCH 2024.
F. MUGAMBI
JUDGE