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JudgmentJIANGXI KHONGMEI ENG. CO. LTD1 min read

JIANGXI KHONGMEI ENG. CO. LTD

High Court at Bungoma High Court · · Rose Ougo

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

MISC APPLICATION NO 27 OF 2020

JIANGXI ZHONGMEI ENGINEERING

CONSTRUCTION LTD…………………………..…………APPLICANT

VERSUS

ELIUD MAELO WAFULA………………………………..RESPONDENT

RULING

  1. Jiangxi Zhongmei Engineering Construction Ltd the applicant seeks in a motion dated the 5.3.2024 to have the sum of Kshs 3,604,000/- plus interest which was deposited in a fixed joint interest earning account No. 0502799056 at Equity Bank released to the it.  The application was opposed. The respondent filed a replying affidavit dated the 8.7.2024.
  2. I have read and considered the grounds on the face of the application, the supporting affidavit plus  the replying affidavit dated 8.7.2024.
  3. It is not in dispute that monies were deposited in a joint account after the parties entered a consent. The money it appears was deposited in the lower court file  CMCC NO. 276 OF 2018. The matter before me is a Miscellaneous application file in which the applicant sought Leave to Appeal out of time and  and he was granted leave as  was sought to file an appeal within 30 days. This is not the appeal file nor the lower court file.
  4. In my view the applicant’s application misplaced. The application should have been filed in CMCC NO. 276 OF 2018 as correctly pointed out by Mr. Angima in the replying affidavit.  The application is misplaced.  I therefore dismiss the application  dated 5.3.2024  with no orders as to costs. 

Dated, Signed and Delivered at Bungoma  this 24th day of September, 2024.

R.E. OUGO

JUDGE

In the presence of:

Mr. Samba                       - For the Applicant

Mr. Angima                     -For the Respondent

Wilkister                            C/A

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