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…the money was deposited in Tausi FDR.…

…She explained that the Respondent opened a fixed deposit account and a transaction account for the fixed deposit account.…

…the money was deposited in Tausi FDR.…

…She explained that the Respondent opened a fixed deposit account and a transaction account for the fixed deposit account.…

…On the 2nd appellant being liable for the liabilities of the 1st appellant, the legal position is stated in section 45(b) of the Kenya Deposit Insurance Act, Cap 487C, Laws of Kenya, which shields the 2nd appellant from liability…

…As such, it stated that the Appellant, as the recipient of the deposit, was liable to refund the deposit.…

…Further that PW 1 and DW 1 all acknowledged that the deposit was paid to the Appellant but that DW 1 contended in the letter dated 31.07.2012 that the deposit was used to settle the costs for inter alia payments for statutory…

…As such, it stated that the Appellant, as the recipient of the deposit, was liable to refund the deposit.…

…Further that PW 1 and DW 1 all acknowledged that the deposit was paid to the Appellant but that DW 1 contended in the letter dated 31.07.2012 that the deposit was used to settle the costs for inter alia payments for statutory…

…The Appellant surrendered the rent deposit and deposited the post-dated cheques as security. The Appellant sought for a refund of the electricity bill of Kshs.38,365.01/=. 3.…

…The Respondent submitted that the Appellant did not address the issue of the Rent Deposit in their Plaint filed in the trial Court although they were fully aware of the Demand letter to refund the Deposit as at 10/03/2020…

…The Respondent opposed the claim and filed a defence together with a counterclaim alleging that expenditure on repairs went over and above the deposit sum. 3.…

…Kingoo Investment Ltd & Another (2021) eKLR , which emphasized the distinction between rent and deposit/security, and that such deposit cannot be converted into rent or defrayed against rent arrears contrary to the tenancy…

…event that would have prevented the respondent from refunding the said rent deposit to the appellant. b) The learned senior principal magistrate erred and was wrong in holding that the issue of rent deposit was not an issue…

…a refund of the deposit being made. 6.…

…That the issue of rent deposit of Kshs. 990,000/- was not before the court and thus the appellant ought to have made the claim in a separate suit. 3.…

…event that would have prevented the respondent from refunding the said rent deposit to the appellant. b) The learned senior principal magistrate erred and was wrong in holding that the issue of rent deposit was not an issue…

…The orders 29.9.25 issued in Misc 120 of 2025 are clear on deposit of security . The same have not been not complied with todate.…

…There seems to be no intention to deposit the decretal sum as counsel is now pursuing hearing of the appeal.…

…In the application dated 5/5/2026, the Court ordered the Applicant to deposit half of the decretal amount in Court within 30 days, in default , the orders be vacated. 3.…

…Instead, it has offered to deposit reasonable security in terms of assets and pleads with the Court to accept it in substitution of the cash deposit.…

…The Appellants/Applicants further beseeched this Court to vary the order of the Trial Court directing them to deposit Kshs.5,709,823/= as a condition for Stay and instead direct them to deposit a bank guarantee for Kshs.3,000,000…

…The Applicants stated that they are ready to make a deposit a bank guarantee of Kshs.3,000,000/=.…

…The Appellants/Applicants further beseeched this Court to vary the order of the Trial Court directing them to deposit Kshs.8,113,681= as a condition for Stay and instead direct them to deposit a bank guarantee for Kshs.3,000,000…

…The Applicants stated that they are ready to make a deposit a bank guarantee of Kshs.3,000,000/=.…

…Further, if any money was processed and deposited by Mwalimu Cooperative Sacco, there must be paper trail on processing the money and there must be a deposit slip or RTGS slip to support the deposit or movement of money from…

…that there was no proof of deposit of the money. 20.…

…The Applicant states that he is still keen on depositing the security and urges that this court grants him more time to deposit the security. He states that he has an arguable appeal. 10.…

…Whether this court should extend the period within which the Applicant is to deposit security for the performance of the decree; Subject to (1); 2.…

…The Court further directed the appellant to deposit a security of Kshs. 500,000/= in a joint interest account within 30 days failure to which the orders would lapse. 4.…

…The appellant submits that orders of the trial court requiring her to deposit a sum of Kshs 500,000/= within 30 days were punitive and the period allowed too short.…

…By a Notice of Motion dated 16th May 2025 brought under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, the Respondent seeks the following orders: 1) That the sum of KES. 207,185 deposited in court by the Appellant…

…, was deposited by and is due to the Appellant’s advocate. 6.…

…The Court accepted the deposit of a title deed as security, as its value exceeded the decretal sum. 9.…

…Opposing the Motion application, the Respondent herein submitted on a sole issue namely: whether the Applicant should be allowed to deposit a title deed as security in place of depositing the decretal sum in Court, pending…