Search court decisions

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO E106 OF 2021 ELIUD MWANIKI WAWERU.............................................................................1ST APPLICANT RAFIKI DEPOSIT TAKING…

…reminded that under section 9 of the Victim Protection Act of 2014, they have a right to participate in the trial process to protect their interests; since the applicants are mortgagors in relation to the mortgagee (Rafiki Deposit…

…On entering the sale agreement, the plaintiff made a deposit of shs.575,000/= to the defendant on October 8, 1992. The cheque for that payment is in evidence [Exhibit 3].…

…The plaintiff asks the court to order that this money and the interest on it since May 25, 1993 when it was deposited in the account, to this date, be paid out to him.…

…The relevant terms were that since a buyer would not be found; Mr Suleiman Mahamood who was known to the defendant would be given the vehicle to recover plaintiff’s deposit which deposit would be paid in the equal instalments…

…As plaintiff was in breach, it means that vehicle would be confiscated and deposited forfeited.…

…of deposit of the decretal sum.…

…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…

…Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited…

…That consequential to the correction of the error the respondent should deposit in an interest earning account Kshs.875,996.00 and not Kshs.1,040,589.00 as erroneously computed in the judgment.…

…On entering the sale agreement, the plaintiff made a deposit of shs.575,000/= to the defendant on October 8, 1992. The cheque for that payment is in evidence [Exhibit 3].…

…The plaintiff asks the court to order that this money and the interest on it since May 25, 1993 when it was deposited in the account, to this date, be paid out to him.…

…by the advocates to the Bank until the date of such deposit, in an interest bearing account in the joint names of M/s Nyachae and F.N.…

…Wamalwa and Company Advocates and that such sum shall remain so deposited until the dispute as to the said amount is resolved.…

…by the advocates to the Bank until the date of such deposit, in an interest bearing account in the joint names of M/s Nyachae and F.N.…

…Wamalwa and Company Advocates and that such sum shall remain so deposited until the dispute as to the said amount is resolved.…

…Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited…

…That consequential to the correction of the error the respondent should deposit in an interest earning account Kshs.875,996.00 and not Kshs.1,040,589.00 as erroneously computed in the judgment.…

…The account was opened with a deposit of Kshs 1000/=. Thereafter, and within a space of about 5 months large deposits at short intervals were made.…

…Deposits were made by cheques payable to Income Tax Department. Within the same period large withdrawals were made from the account to the tune of Kshs 10,539,000/=.…

…MBITO JUDGE Mr Masinde: I ask for release of my clients bank deposit made pursuant to the consent order filed on 4th September, 1998.…

…Order: As the suit is now over, the money in the advocates deposit is hereby ordered to be released to the plaintiff. Order accordingly. G.P. MBITO JUDGE 14.5.99 Before J. Ombonya C.M. c.c.…

…MBITO JUDGE Mr Masinde: I ask for release of my clients bank deposit made pursuant to the consent order filed on 4th September, 1998.…

…Order: As the suit is now over, the money in the advocates deposit is hereby ordered to be released to the plaintiff. Order accordingly. G.P. MBITO JUDGE 14.5.99 Before J. Ombonya C.M. c.c.…

…Then, in pursuance thereto, on the 24th February, 1993 the plaintiff undeniably paid to the defendant Shs 600,000/= as a deposit.…

…The trial Judge in the Elizabeth case refused the defendant leave to defend, entered judgment as prayed but subject to the proviso that if the defendant deposited the sum of Shs 25,000/- in Court within 21 days, the money…

…Finally, it was held by a majority of the Court (Newbold, P and Duffus, JA) that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs…

…I therefore order that the order of injunction herein granted shall be conditional upon the plaintiff depositing the purchase price for the said shares ie Shs 5.2 million in an interest earning account in the joint names…

…Such deposit to be made within 15 days of this order. I further order that the plaintiff shall give to the defendants herein and to Xzit Limited a suitable undertaking as to damages.…

…There are 9 prayers as follows: 1) That the plaintiff herein “Africa Club” be ordered to give security for costs of the defendant herein. 2) That the Africa Club be ordered to deposit all the documents of title to LR 209/…

…There are 9 prayers as follows: 1) That the plaintiff herein “Africa Club” be ordered to give security for costs of the defendant herein. 2) That the Africa Club be ordered to deposit all the documents of title to LR 209/…

…There are 9 prayers as follows: 1) That the plaintiff herein “Africa Club” be ordered to give security for costs of the defendant herein. 2) That the Africa Club be ordered to deposit all the documents of title to LR 209/…

…The price of the motor vehicle was Kshs.679,400/-, of which the plaintiff paid Kshs.288,939/- as deposit.…