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…The respondent was entitled to have the decretal sum deposited in an interest bearing account.…

…The aim is to make sure, in an evenhanded manner that the appeal will not be prejudiced and that the decretal sum is available if required.…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…This sum was inclusive of interest at the rate of 12% per annum on the decretal sum with effect from 18th January, 1992. That interest was to continue accruing until payment in full.…

…In his suit against the appellant he asked the superior court to enter judgment in his favour and against the appellant for Kshs 2,949,164/15, to award him costs of the suit and interest on the decretal sum and on costs.…

…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…

…The decretal sum was not paid to him and therefore he filed the declaratory suit. The respondent also produced a certified copy of the decree and a certificate of costs.…

…The answer is, I believe, to be found in the fact that if he is aware of the attachment in time and tenders the decretal sum and broker’s charges and costs before the sale the attachment will be raised and his movable property…