1. This Appeal is scheduled for Judgment on 13th December, 2024. The Respondent in the Appeal has filed an application dated 16th September, 2024. This application asks the court to revise the stay orders issued on 22nd February, 2024. They also seek a directive for the Appellant to deposit the decretal amount of Kshs.2,673,673.43/- in court. According to the Respondent, the Appellant has hindered the opening of the joint account and deposited the funds into an account solely in their names.
2. The Appellant opposes the application through a replying affidavit sworn by counsel. The Appellant contends that the Respondent is hindering the opening of the joint account by not providing the necessary documentation required by the bank.
3. Annexure DK1 (KA 1 in the Replying Affidavit) shows that the Appellant deposited the sum in ABC Bank. The reference indicates that the deposit is by the two firms on record. The other annexures show that the parties were engaged in back-and-forth communication about the joint account opening.
4. The deposit is held in an interest-earning account and was made within the timeframe established by the stay orders issued on 22nd February, 2024.
5. The requirements for both parties to comply with opening a joint account have caused frustration, as both expressed difficulties with the other's adherence. Counsel could have approached this situation differently to ensure compliance with the orders. A joint interest-earning account is vital to prevent the successful party in the appeal from being disadvantaged by having the funds held without earning any interest.
6. The Judgment is due in a month, and the money is in an interest-earning account. It is not in the interest of justice to review the order to deposit the money in Court, as there has been partial compliance. The parties are given fourteen days to transmit the required documents to have the account regularized in the names of the two firms. The Appellant shall initiate the process within three days, and the Respondent shall thereafter have five days to transmit the required documents to the Appellant’s counsel for the bank’s further action.
7. I exercise discretion and powers under Sections 1A, 1B, and 3A of the Civil Procedure Act and hereby issue an order that the funds deposited in the ABC Account shall not be withdrawn pending compliance by the parties or further orders of the Court. Similar orders apply in the event of noncompliance by any act of omission or commission by the parties.
Judgment will be delivered as scheduled.