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…In default of prayer 2 above, the Deputy Registrar be directed to execute the claim forms for processing of the Unclaimed Safe Deposit No.…

…This amendment was specifically executed to incorporate the contents of safe deposit box No. SC 13B/16, ensuring a complete and accurate representation of the deceased's estate.…

…to do so, but the Respondent has to date never told him to deposit the cheque.…

…He also agreed that although he claims that the Respondent instructed him not to deposit the cheque, he had no evidence that he was so stopped.…

…The court must also consider that the original application for stay of execution was denied, and what was granted was merely a conditional 30-day period contingent upon deposit of the decretal sum.…

…The issue was raised in the context of the order on stay issued by this court which had condition precedents of security deposit within a set timeline.…

…He stated that if security has to be offered then it should be the deposit of the decretal sum as the bank guarantee is inappropriate.…

…Depending on the outcome of the appeal, either of the parties will be at liberty to proceed and liquidate the bank deposit. 15.…

…In her first set of Submissions, in support of the Application for extension of time to deposit security, Ms.…

…I am however not persuaded by the Defendant’s plea that I should also review the portion of the orders relating to the nature of the security to be deposited and to substitute the requirement to deposit a bank guarantee with…

…In her first set of Submissions, in support of the Application for extension of time to deposit security, Ms.…

…I am however not persuaded by the Defendant’s plea that I should also review the portion of the orders relating to the nature of the security to be deposited and to substitute the requirement to deposit a bank guarantee with…

…The Application that is before this court for determination is the one dated 29.11.25 wherein the applicant seeks for ORDERS THAT: - 1) This application be certified as urgent. 2) The total amount of Kshs. 150,000/= deposited…

…Subsequently a ruling was delivered in his favour as a result of which he prays that the original log book be released back to him and the money deposited be refunded to him as well. 6.…

…pleased to direct/order the Branch Manager of Equity Bank Kenya Limited (Community Corporate Branch), to forthwith release the sum amount of Kshs. 153,225.00 together with all accrued interests thereon from the date of deposit…

…hereof. a) THAT this Honorable Court delivered its ruling on 20th June 2025, upholding the Respondent's entitlement to the sum of Kshs. 153,225.00/= b) THAT the Appellants as a condition of stay of execution pending appeal, deposited…

…has moved the court by way of Notice of Motion dated 6th of February 2026 seeking the following orders: 1) …Spent. 2) THAT this Honourable court be and is hereby pleased to release the part decretal sum of Kshs. 60,000.00 deposited…

…On 28th July 2025 the court directed the appellant to deposit sum of Kshs. 60,000 a security for due performance of the decree. 4. The said amount was deposited in the above-mentioned Account. 5.…

…He agreed that he held several meetings with the 1st Defendant, and stated that although the 1st Defendant did not give him the outstanding figure, he agreed to deposit Kshs 5,000,000/- in the Fixed Deposit Account to stop…

…He further stated that the Fixed Deposit Account was in his personal name and the 1st Defendant was to only access it if KENHA did not pay, and that the 1st Defendant therefore took the Kshs 5,000,000/- from the Fixed Deposit…

…Advocates (being ½ decretal sum) be forthwith paid and/or released to our clients APA Insurance Limited and/or be deposited in a joint interest earning account.…

…In the said Ruling, the Applicant/Appellant was directed to deposit half the decretal amount in the names of M/s A.N. Oreri & Co.…

…Advocates (being ½ decretal sum) be forthwith paid and/or released to our clients APA Insurance Limited and/or be deposited in a joint interest earning account.…

…In the said Ruling, the Applicant/Appellant was directed to deposit half the decretal amount in the names of M/s A.N. Oreri & Co.…

…Counsel urged that in the event this court allows the application as prayed, the applicant be compelled to deposit the decretal amount before the court as security.…

…The Applicant herein has demonstrated that he is willing to deposit security as the Court will direct.…

…He urged that the Application was made without unreasonable delay and that he is ready to deposit a title as security for due performance of the decree. Respondents’ Replying Affidavit 3.…

…Further, that the Applicants should be compelled to deposit the Judgement sum and the interest into a joint interest earning account in the name of both counsel on record.…

…I will first deal with the Application for stay of execution since it is its outcome that will chart the fate of the Application for release of the funds deposited as security. 16.…

…On the third condition - deposit of security for the decree - I note, as aforesaid, that there are already funds deposited by the Appellant as security, and which may be retained as such.…

…He urged further that the Defendants have also failed to deposit security, and that the Plaintiffs, being the successful litigants, shall suffer prejudice should the Application be allowed.…

…made “without unreasonable delay”, the second is to demonstrate the “substantial loss” that may be suffered by the Applicant unless the order is granted, and the third is the Applicant’s willingness or its readiness to “deposit…

…They rely on Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board for the settled principle that a Judge should not interfere with the discretion of a Taxing Officer unless an error of principle is established…

…In Kipkorir, Titoo & Kiara Advocates v Deposit Protection Fund Board [2005] eKLR, the Court of Appeal held that a Judge will not ordinarily interfere with the exercise of discretion by a Taxing Officer unless it is demonstrated…

…It was further stated that a sum of Kshs 9,000,000/- was deposited by the Plaintiff in a joint interest earning account in the names of the Advocates on record herein as a pre-condition for release of the certificates of…

…on record herein in exchange for the Defendant releasing to the Plaintiff the Certificate of Lease and discharge of charge over the property Eldoret Municipality/Block 6/6 , the Defendant never deposited the amount in an…

…Counsel submitted that the Applicant is ready to deposit such security as the court may order.…

…The court notes that the Applicant herein has stated that he is ready to deposit security upon any conditions that the court may impose.…