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…It is therefore contended that there is no longer any subsisting appeal to anchor the continued retention of the decretal sum in court. 4.…

…The sole issue for determination is whether the Respondent is entitled to the release of the decretal sum deposited in court. 7.…

…That he does not dispute the said judgement and he is fully committed to paying the decretal sum in full. 3.…

…That to the contrary, it is the respondent who will suffer loss if the applicant is allowed to pay the decretal sum by instalments.…

…On whether the respondent will be able to refund the ½ decretal sum incase the appeal succeeds, the applicant said that the respodent did not address this issue .…

…half decretal sum is released to the respondent.…

…sum. 15.…

…The record shows that the decretal sum was deposited in Court on 15th January 2026.…

…Application No. 112 of 2020, the decretal sum as per the decree dated 5th March 2024 is Kshs. 1,357,258/=. In Machakos Misc.…

…Application No. 108 of 2020, the decretal sum as per the decree dated 22nd March 2023 is Kshs. 682,176.67. In Machakos Misc.…

…Application No. 112 of 2020, the decretal sum as per the decree dated 5th March 2024 is Kshs. 1,357,258/=. In Machakos Misc.…

…Application No. 108 of 2020, the decretal sum as per the decree dated 22nd March 2023 is Kshs. 682,176.67. In Machakos Misc.…

…Application No. 112 of 2020, the decretal sum as per the decree dated 5th March 2024 is Kshs. 1,357,258/=. In Machakos Misc.…

…Application No. 108 of 2020, the decretal sum as per the decree dated 22nd March 2023 is Kshs. 682,176.67. In Machakos Misc.…

…He further expresses apprehension that recovery of the decretal sum may prove difficult if the appeal succeeds and, as security for the due performance of the decree, offers to deposit the entire decretal sum in court. 4.…

…The Applicant apprehends that recovery of the decretal sum may prove difficult should the appeal succeed.…

…of deposit of the decretal sum.…

…In the present case, because of the requirement to renew a bank guarantee every year, I did not consider that a bank guarantee for the decretal sum was the appropriate security. I still hold that view.…

…Appellant may suffer further loss if the Respondent is unable to refund the decretal sum. 8.…

…Execution of the decretal sum, the Respondent argues, is a lawful process and cannot in itself constitute substantial loss. 13.…

…Onsongo’s affidavit that subsequently, the respondent was paid the total decretal sum. 6.…

…Although the respondent has opposed the application, he has not denied that the decretal sum, together with the auctioneers’ charges, have been paid. 7.…

…to reduce the decretal sum to Kshs.2,900,000/=.…

…take three and a half years for them to fully pay the balance of the decretal sum in issue. 17.…

…sum. 13.…

…sum.…

…sum. 13.…

…sum.…

…The respondent asserted that the machine offered was not worth the decretal sum. Ms.…

…sum in full. 9.…

…The decretal sum stands at Kshs. 4,177,503.41 inclusive of costs and interest. 3.…

…The Appellants submit that the decretal sum is substantial, and payment thereof prior to determination of the appeal would occasion substantial loss.…

…with leave to settle the outstanding decretal sum by monthly instalments of Ksh.50,000/-. 22.…

…The Defendant’s proposed payment of Ksh.50,000/- per month must also be considered against the outstanding decretal sum.…

…The Plaintiff further gives an undertaking to refund the decretal sum together with any accrued interest should the appeal ultimately succeed.…

…He has further expressly undertaken to refund the decretal sum together with accrued interest should the appeal succeed. 17.…

…This court notes that interest on the decretal sum is earned and calculated based on the number of days the decretal sum remains unpaid.…

…Based on this, the only interest payable to the 1st respondent is interest accrued for the period the decretal sum remained unpaid.…