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Munyui v Gachuiru (Civil Appeal E120 of 2022) [2025] KEHC 1289 (KLR) (17 February 2025) (Ruling)

Munyui v Gachuiru (Civil Appeal E120 of 2022) [2025] KEHC 1289 (KLR) (17 February 2025) (Ruling)
Citation
Munyui v Gachuiru [2025] KEHC 1289 (KLR)
Media Neutral Citation
[2025] KEHC 1289 (KLR)
Court
High Court
Court station
High Court at Kiambu
Outcome
Allowed
Case number
Civil Appeal E120 of 2022
Judges
DO Chepkwony
Judgment date
17 February 2025
Language
English
Type
Judgment
Original source file
Download DOCX (20.9 KB)
Date published
12 March 2025
Case action
Ruling
Court division
Civil
Filing county
Kiambu
Order
1. Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand deposited in an interest gaining account in the names of Kimani Charagu & Co. Advocates and Waithaka & Associates in NCBA Bank Ridgeways Branch be released to the firm of Kimani Charagu & Co. Advocates. 2. Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand be shared among the Appelant And The Respondent As Follows: a. (Kshs. 500,000/=) Kenya Shillings Five Hundred Thousand to the Appellant. b. (Kshs. 1,000,000/=) Kenya Shillings One Million to the Respondent. 3. Thatthe appellants and the respondents share as set out in clause 2 (a) and (b) hereinabove to be released to the respective Advocates on record in this Appeal for the Appellant and the Respondent. 4. Thatthe account’s interest be released to the firm of Kimani Charagu & Co. Advocates. 5. Thatthere be no order as to costs
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1.The matter is for mention for parties to confirm compliance of directions issued on 9 /12/2024 and or settlement in the matter.
2.Upon listening to both counsel for the parties herein, it is confirmed that parties have negotiated and reached a settlement whereby a consent to that effect has been filed herein.
3.In view of this, a consent dated 16th December, 2024 entered between counsel for both parties be and is hereby adopted as an order by this court in the following terms: -
1.Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand deposited in an interest gaining account in the names of Kimani Charagu & Co. Advocates and Waithaka & Associates in NCBA Bank Ridgeways Branch be released to the firm of Kimani Charagu & Co. Advocates.
2.Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand be shared among the Appelant And The Respondent As Follows:a. (Kshs. 500,000/=) Kenya Shillings Five Hundred Thousand to the Appellant.b. (Kshs. 1,000,000/=) Kenya Shillings One Million to the Respondent.
3.Thatthe appellants and the respondents share as set out in clause 2 (a) and (b) hereinabove to be released to the respective Advocates on record in this Appeal for the Appellant and the Respondent.
4.Thatthe account’s interest be released to the firm of Kimani Charagu & Co. Advocates.
5.Thatthere be no order as to costs.It is so ordered.
THIS CONSENT IS DEPONED THIS 17TH DAY OF FEBRUARY, 2025D.O CHEPKWONYJUDGE
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