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Duncan Nduracha v. Faud M. Mohammed, Mariam Mohammed & Senior Resident Magistrate's Court Mombasa

(2015) JELR 105383 (CA)

Court of Appeal  •  Civil Application 24 of 2011 (Ur 17/2011)  •  2 Oct 2015  •  Kenya

Martha Karambu Koome, Paul Kihara Kariuki, Philomena Mbete Mwilu



This is an application by way of a Motion on Notice dated the 28th April 2015 by FAUD M. MOHAMMED, the 1st respondent, applicant, under sections 3A and 3B of the Appellate Jurisdiction Act, rules 42, 43(1) and 43(1) of the Rules of this Court seeking the release of the sum of Kshs.1,440,000/= plus interest in mesne profits deposited by the applicant in joint names of the advocates for the applicant and DUNCAN NDURACHA, the applicant, respondent. The application is based on the grounds on the face of it and supported by an affidavit by the applicant.

The applicant argues that the said deposit was made pursuant to this court’s earlier decision of 6th May 2011 pending the determination of Civil Appeal No.203 of 2011 (hereinafter the Appeal) also before this court. The Appeal was determined and dismissed through a Judgment delivered on 12th March 2015 without making an order regarding the disposal of the said deposit.

The application is opposed vide the replying affidavit…

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