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…urged the court to rectify the petition for grant of letters of administration to reflect as a liability due and owing from the deceased’s estate a sum of Kshs.3,090,000/- received by the deceased from the applicant as a deposit…

…Maina, a director of the applicant company and was made on the grounds that the deceased received a sum of Kshs.3,090,000/- from the applicant as a deposit towards purchase of a parcel of land measuring 185 acres that was…

…The Applicant shall deposit a cash bail of Ksh. 50,000/. In the alternative, he can deposit a surety bond of Ksh. 100,000/ to be assessed by the Deputy Registrar of this court.…

…Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited…

…That consequential to the correction of the error the respondent should deposit in an interest earning account Kshs.875,996.00 and not Kshs.1,040,589.00 as erroneously computed in the judgment.…

…There is however need for the applicant to deposit security of the quantum in a joint earning interest account of both counsels in a reputable financial institution within 45 days from today’s date.…

…Further, the applicant be at liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent…

…There is however need for the applicant to deposit security of the quantum in a joint earning interest account of both counsels in a reputable financial institution within 45 days from today’s date.…

…Further, the applicant be at liberty upon fulfilling the condition on deposit of security for due performance of the decree within the stipulated period to file the record of appeal and have it served upon the respondent…

…Then, in pursuance thereto, on the 24th February, 1993 the plaintiff undeniably paid to the defendant Shs 600,000/= as a deposit.…

…The trial Judge in the Elizabeth case refused the defendant leave to defend, entered judgment as prayed but subject to the proviso that if the defendant deposited the sum of Shs 25,000/- in Court within 21 days, the money…

…Finally, it was held by a majority of the Court (Newbold, P and Duffus, JA) that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs…

…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…