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…That the Applicants are ready, willing and able to deposit the entire decretal sum in a joint interest earning account as security for due performance of the judgment/ decree pending the hearing and determination of the appeal…

…Ltd (2019) eKLR the court held that; “…the condition of payment of security for due performance of the decree.…

…That the Applicants are ready, willing and able to deposit the entire decretal sum in a joint interest earning account as security for due performance of the judgment/ decree pending the hearing and determination of the appeal…

…Ltd (2019) eKLR the court held that; “…the condition of payment of security for due performance of the decree.…

…The plaintiff states that the application does not meet the threshold of substantial loss and has not provided security for due performance of the decree.…

…In order to balance the rights of the parties, it is this court’s considered opinion that the decretal sum should be kept in a neutral ground and that is the purport of a requirement for security for due performance of the…

…They are ready and willing to offer any security for due performance as may be directed by the Court. The application has been filed without any inordinate delay, as the Ruling/Order was delivered on 27/2/2025.…

…Regarding the issue of security for due performance, it was submitted that the petitioner is ready and willing to offer any security for due performance as the Court may direct.…

…Ltd [2019] eKLR the court observed: - “The Applicant must show and meet the condition of payment of security for due performance of the decree.…

…In this regard, the security for due performance of the decree under Order 42 Rule 6(1) of the Civil Procedure Rules, it is trite that the winner of litigation should not be denied the opportunity to execute the decree in…

…Ltd [2019] eKLR it was held that: “The applicant must show and meet the condition of payment of security for due performance of the decree.…

…In any event, the issue of deposit of security for due performance of decree is not a matter of willingness by the applicant but for the court to determine.…

…Counsel for the applicant submitted that he is ready to provide a bank guarantee as security for due performance of the decree.”…

…for due performance of the decree.…

…On security for the due performance of the decree, I find guidance in the case of Gianfranco Manenthi & Another vs. Africa merchant Assurance Co.…

…Ltd [2019] eKLR where it was held that:- “The applicant must show and meet the condition of payment of security for due performance of the decree.…

…for due performance, as enshrined in Order 42 rule 6(2) (b). 6.…

…Further, that if this application is allowed without the requisite security for due performance, the same will occasion substantial injustice to the Respondent. Analysis and Determination 7.…

…Ltd [2019] eKLR the court observed: The applicant must show and meet the condition of payment of security for the due performance of the decree.…

…In any event, the issue of deposit of security for due performance of decree is not a matter of willingness by the applicant but for the court to determine.…

…These are that; the applicant must show that she will suffer substantial loss if the application is not granted, the application was filed without inordinate delay and that security for due performance of the decree must…

…On security for due performance of the decree, it is notable that there is no decree capable of being executed at the moment.…

…The third criterion is that the Applicants/Appellants must furnish security for the due performance of the decree.…

…Africa Merchant Assurance Company Ltd [2019] eKLR, where the court observed: “… the applicant must show and meet the condition of payment of security for due performance of the decree.…

…The other element to be satisfied by the applicant was security for the due performance of the decree. In Gianfranco Manenthi & Another vs Africa merchant Assurance Co.…

…Ltd [2019] eKLR, the court observed: - “The applicant must show and meet the condition of payment of security for due performance of the decree.…

…Africa Merchant Assurance Company Ltd [2019] eKLR, it was held that:- “…the applicant must show and meet the condition of payment of security for due performance of the decree.…

…In this regard, the security for due performance of the decree under order 42 rule 6(1) of the Civil Procedure Rules, it is trite that the winner of litigation should not be denied the opportunity to execute the degree in…

…He then urged that the Appellants are ready and willing to provide security for due performance of decree. 4.…

…” for due performance of the decree or order. 14.…

…The third criterion is that the Applicant/Appellant must furnish security for the due performance of the decree.…

…In any event, the issue of deposit of security for due performance of decree is not a matter of willingness by the applicant but for the court to determine.” 23.…

…On security counsel submitted that the applicant is willing to provide security for the due performance of the decree herein. Counsel urged the court to allow the application as prayed. 9.…

…for due performance of the decree.…

…In Gianfranco Manenthi & Anor –vs- Africa Merchant Assurance Company Ltd (2019) e KLR, the court observed: “… the applicant must show and meet the condition of payment of security for due performance of the decree.…

…In this regard, the security for due performance of the decree under Order 42 Rule 6(1) of the Civil Procedure Rules, it is trite that the winner of litigation should not be denied the opportunity to execute the degree in…

…At the mention, learned counsel for the 1st respondent argued that the money was deposited as security for due performance of the decree and the security had to serve its purpose. 13.…

…Consequently, there is no basis for this court to deny the NTSC seeking release of the money deposited in court by the applicant as security for the due performance of the decree.…