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…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…

…According to PW.3 the appellant was required to make deposit into the Freight and Kenya Shillings Account and for any withdrawals of which the director, Finance Manager and PW.3 were the signatories.…

…On being asked appellant said he had used the money to pay old debts in Nairobi and used the rest to live beyond his means and that he would attempt to repay, which he did by depositing a log-book for motor vehicle KUR 785…

…According to PW.3 the appellant was required to make deposit into the Freight and Kenya Shillings Account and for any withdrawals of which the director, Finance Manager and PW.3 were the signatories.…

…On being asked appellant said he had used the money to pay old debts in Nairobi and used the rest to live beyond his means and that he would attempt to repay, which he did by depositing a log-book for motor vehicle KUR 785…

…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.…

…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…