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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 1529 OF 2001 DEPOSIT PROTECTION BOARD (Suing as the Liquidator of Reliance Bank Ltd.) ……...…

…In a replying affidavit sworn on 20.11.2001 by Eunice Kagane, the Deputy Director of the Deposit Protection Fund Board, the Liquidator of the plaintiff bank (in liquidation) details are given of the steps that have purportedly…

…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…

…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.…

…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/-.…

…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.…

…He has, in the meantime, been released on bond on certain stringent terms and among such terms are orders that the appellant do deposit his passport with the police officer investigating his case and another one that he must…

…Sometime in August 1995, the appellant felt the need to seek a review of the two conditions requiring him to deposit his passport with the police and restricting him to remain within the jurisdiction of the trial court.…

…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 ………………….…

…(d) An order that pending determination of suit the plaintiff do deposit in Court shs.200,647/60 security for release of guarantee.…

…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.…

…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…

…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…

…He submitted that the applicant should undertake to pay the fees and deposit the security out of any costs he might recover in the intended appeal and the applicant undertook to do so.…

…In all, however, I am satisfied that he lacks the means to pay the required fees or to deposit the security for costs and that his intended appeal is not without [a] reasonable possibility of success but whether or not if…

…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…

…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…

…The 10% deposit specified in the agreement in the sum of Kshs 175,000/ was deposited by the second respondent.…

…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…