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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…

…Here, security is fully adequate (one hundred percent of judgment debt deposited); the Applicant's hardship is substantial and ongoing (frozen operational funds exceeding deposit by Kshs. 743,264); the Appellant's rights…

…are fully protected (deposit held in court, earning interest); and no prejudice accrues to the Appellant if the order is discharged, as the deposit remains available.…

…He stated that he did not have a deposit slip.…

…That when he made the agreement of 20th January 2016, the assumption was that the entire deposit would be deposited in the defendant’s bank account.…

…title deed for parcel number CISMARA/NKOBENI/1624, as security in lieu of the cash deposit. 5.   …

…a title deed as security in substitution of the cash deposit earlier ordered. 15.   …

…The court granted a conditional stay of execution, where the Applicant was to deposit Kshs. 450,000/ in a joint interest-earning account of the Advocates on record.…

…In the current Application, the Applicant stated that the delay in complying with the order to deposit the amount in an interest-earning account is minimal, and a mere eight days.…

…The Plaintiff terms the denial of the deposit receipt as dishonest, pointing out that Paragraph 1 of the Sale Agreement dated 22nd August 2013 (Annexure "JO-3") fully acknowledges receipt of the Kshs. 3,000,000/= deposit.…

…Vol 12) to submit that damages for breach by a seller include the return of the deposit with interest and expenses incurred.…

…That without any further delay, the said amount had been deposited in court and a receipt issued. 7.   …

…The sum of Ksh. 4,172,188/= deposited by the Applicant on 28th August 2025 be deemed as duly deposited in compliance with the court’s Ruling on 3rd July, 2025. iv.   …

…That the Appellant/Applicant had deposited security of Kshs.100,000/- pending determination of the appeal.…

…Attached to the application was a copy of the court deposit receipt No. …

…The application seeks an order for the release of the deposit of Kshs. 200,000/- to be paid into his bank account, details of which are provided in the application. 2.   …

…That the purpose of the security deposited was to protect the successful party in the event the appeal fails.…

…The Appellants have not deposited the sum as ordered hence this motion. The cautions were lodged mala fides and should be removed so that the decree may be executed.…

…Firstly, after the ruling of the Court on 15-4-2026, a deposit of Kshs. 100,000/= ordered by the court to be made within 30 days was duly made on 14-5-2026.…

…He maintained he complied with the terms of the offer by executing it on 4/07/2012 and paying the required deposit of kshs.1,600,000/= (deposit).…

…date of deposit until the date of refund 12/100×1,600,000×3=Ksh. 576,000.…

…That the purpose of the security deposited was to protect the successful party in the event the appeal fails.…

…Receipt dated 2023-12-13 shows that the said amount was deposited in court. 7.   The Applicant has not demonstrated to the court what the outcome of the appeal was.…

…It was thus the defendants’ case that the amount deposited in the joint account should be released to them as the successful litigants. 4.…

…It was further contended that if the bank deposit was released to the defendants there was no guarantee that the plaintiffs shall recover the money in the event of their intended appeal being successful. 5.…

…That this Court reviews its order requiring deposit of the security in a joint interest-earning account, and substitutes it with an order that the Kshs. 350,000 be deposited in court within a specified period; and d.…

…There was attached to it a further order that the deposit was to be made within the next 30 days of the order, in default of which the stay was to lapse.…

…The court be pleased to extend time for making deposit as ordered by the court on 23rd July 2026 appropriately to allow the appellants to make the deposit rendered herein. 4. such further and other orders and or directions…

…The Applicant alluded to hard economic times as the obstacle to compliance with set timelines but secured the funds at the last hour of the deadline which he is willing to deposit if granted another chance.…

…(c) Spent (d) That the sum of Kshs. 187,664.00 deposited in this Honourable court on 20.3.2025 representing the taxed costs be deemed to have been so deposited in compliance with court’s conditional stay order made on 20.6.2024…

…It was her argument that having complied with the order for depositing taxed costs in court, there was need for this court to extend the time required to deposit the said sum as time had lapsed.…

…Before me is the Notice of Motion dated 11/04/2025 seeking the following orders: THAT This application be certified as extremely urgent and service be dispensed with in the first instance THAT Respondent be directed to deposit…

…Lastly, she deposed that the other tenants occupying the suit land are depositing rent with the court save for the Respondent and that he will not be prejudiced if the Respondent is ordered to make the deposits in court the…

…It was averred that the Applicant has not demonstrated any threat of execution and if the court is inclined to allow the application then the Applicant should be ordered to deposit the decretal sum to court as security before…

…In considering an order for deposit of the decretal sum, the court may direct the deposit of the entire decretal sum or set such figure that may be deemed to be reasonable in the circumstances.…

…monthly rent shall be deposited therein until further orders of the court or until the final determination of this case. c.…

…The condition upon which the deposit of Kshs.5,000,000/= was made has been fulfilled.…