Case law
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Division and case type: CivilCivil Appeal
…The application was intended for the release of this security on the ground that the appeals the subject to the deposits having been concluded these deposits should be released to the applicant.…
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
Division and case type: CivilCivil Appeal
…He paid the requisite deposit and the balance was to be paid in agreed monthly instalments.…
…Upon payment of the deposit the appellant went into occupation but it transpired that the suit premises needed replacement of some missing items which he replaced at his own cost on the express understanding that the same…
Division and case type: CivilCivil Appeal
…He paid the requisite deposit and the balance was to be paid in agreed monthly instalments.…
…Upon payment of the deposit the appellant went into occupation but it transpired that the suit premises needed replacement of some missing items which he replaced at his own cost on the express understanding that the same…
Division and case type: CivilCivil Appeal
…Under clause 13 the respondent was required to deposit with the appellant a sum of Shs.75,000/- as security for the performance of his obligations.…
…By 4th February, 1994 the appellant had recovered its debt and the station was returned to him upon his undertaking to pay an additional deposit of Shs.2,255,500/-.…
Division and case type: CivilCivil Appeal
…The purchasers/respondents deposited with the common advocate the sum of Kshs 70,000/- being the ten per cent of the purchase price.…
…Save in the case of a sale by auction, such deposit shall be paid either by banker’s draft or by a cheque drawn upon an advocates client account.…
Division and case type: Environment and LandCase
…There is however need for the applicant to deposit security of the quantum in a joint earning interest account of both counsels in a reputable financial institution within 45 days from today’s date.…
…Further, the applicant be at liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent…
Division and case type: CivilCivil Appeal
…The appellant asked for the deposit which he had paid into this court to be returned to him.…
…The deposit paid to the Court of Appeal by the appellant will be returned to him. Dated and Delivered this 25th Day of March , 1987, H.G PLATT …………….. JUDGE OF APPEAL J.M GACHUHI ………………….…
Division and case type: CivilCivil Appeal
…Anticipating Mr Muthoga’s objection, he relied upon Parker LJ’s views in Rosengrens Ltd v Safe Deposit Centres Ltd [1984] 3 All ER 198 where at p 200 the learned Lord Justice remarked:- “The process of giving security in…
…The respondent was entitled to have the decretal sum deposited in an interest bearing account.…
Division and case type: CivilCivil Appeal
…(d) An order that pending determination of suit the plaintiff do deposit in Court shs.200,647/60 security for release of guarantee.…
…The same Chamber Summons also sought an Order for deposit of Shs.200,647/= in a "sound" bank as "security for sums claimed due to the defendant under the said agency contract".…
Division and case type: CivilCivil Appeal
…The appellant had accumulated funds on various deposit accounts in India. Such funds were remitted periodically to India through various banks in Nairobi and Mombasa.…
…referred to Exchange Control Administration Notices and instructions issued by the Assistant Secretary to the Treasury and in particular to clause 1 (b) of Exchange Control Circular No 32 which reads: “(b) Cash balances and deposits…
Division and case type: CivilCivil Appeal
…They are all directed to the issue of whether the deposit of Shs 200,000 being ten percent of the purchase price was ever paid. 12.…
…Clause 5 – deposit against purchase price. It means that Shs 200,000 was already given to me.” 18. The emphasis, as elsewhere in the quotations in this judgment, is mine.…
Division and case type: CivilCivil Appeal
…In paragraphs 3 and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000…
Division and case type: CivilCivil Appeal
…The said vehicle may however be released if the respondents deposited in court Shs 120,000/- together with the charges of the Court Brokers”.…
…That is why she ordered that: 1) KShs 67,802/- (sixty seven thousand eight hundred and two) to be deposited in this court on or before the 30th of June, 1991 for collection by the plaintiff.…
Division and case type: CivilCivil Appeal
…Under the heading “rental and period”, the appellant was to pay of course, to the respondent, an initial deposit of 67,402/50 followed by twenty monthly rentals of 13,480/= a month commencing on 30th July, 1978, and ending…
…respondent was to the effect that the agreement was rather for the purchase of the tractors and implements from Farmtec and that for this purpose, a loan was granted by the respondent to the appellant after he had paid a deposit…
Division and case type: CivilCivil Appeal
…The 10% deposit specified in the agreement in the sum of Kshs 175,000/ was deposited by the second respondent.…
Division and case type: CivilCivil Appeal
…On that day the respondent Joseph paid the appellant Kshs 1,575 as a deposit which left a balance of Kshs 6,625 which the respondent said that he was ready and willing to pay.…
Division and case type: CivilCivil Appeal
…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…
…The appeal against his judgment is allowed and the decretal sum deposited by the appellant as a result of the ruling of this court dated 16th July, 1993, in the case of Kenindia Assurance Company Limited v Patric Muturi Civil…
Division and case type: CivilCivil Appeal
…the first respondent sought a declaration that it was at all material times and still is the beneficial owner of the share capital of Yaya Towers Ltd, the second respondent, and the charge and guarantee given by it to the Deposit…
Division and case type: CivilCivil Appeal
…To protect his interests in the funds transferred to and the rubies deposited with this bank, the respondent filed Civil Suit No 3248 of 1991 in the High Court of Kenya at Nairobi against that bank.…
…This acknowledgement refers to the original mining right first issued for this deposit following its discovery by the agents of Rockland International Corporation.…
Division and case type: CivilCivil Appeal
…The appellant found that the authorities in Kenya wanted a 100% deposit for his orders for compressors, or tools and so he decided to persuade the respondent to ‘join hands’ (as Kanji put it to Somaia) in the hope that the…