Search court decisions

…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…

…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…

…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…

…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…

…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.…

…urged the court to rectify the petition for grant of letters of administration to reflect as a liability due and owing from the deceased’s estate a sum of Kshs.3,090,000/- received by the deceased from the applicant as a deposit…

…Maina, a director of the applicant company and was made on the grounds that the deceased received a sum of Kshs.3,090,000/- from the applicant as a deposit towards purchase of a parcel of land measuring 185 acres that was…

…The Applicant shall deposit a cash bail of Ksh. 50,000/. In the alternative, he can deposit a surety bond of Ksh. 100,000/ to be assessed by the Deputy Registrar of this court.…

…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/-.…

…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 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.…

…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…

…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…

…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 ………………….…

…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.…

…The respondent, to this application, namely, the intending appellant will deposit the usual shs 2,000 at the appropriate time in the rules, and the additional shs 8,000 on or before the 30th day from today’s date.…