OMAR MOHAMED & ANOTHER V. DR. ABEID KOMBO & ANOTHER

RULING

I have before me an application for one main order that the order made on 12^th November 2009 be reviewed to the extent that the applicants be allowed to deposit the Original Title Deed Number Mtondia/Roka/10 as security as opposed to a bank guarantee in the sum of Kshs. 500,000. The application has been brought under the provisions of sections 1, 3A and 80 of the Civil Procedure Act, Order L Rule 1, Order XLIV Rule 1 of the Civil Procedure Rules, Sections 3A and 3B of the Appellate Jurisdiction Act and all other enabling provisions of the Law. The main reason for the application is that the appellants, due to their financial constraints and inadequate time are unable to honour the conditional order of 12^th November 2009.

The application is supported by the affidavit of Dr. Abeid Kombo (hereinafter “the 1^st Applicant”). In the affidavit, it is deponed, among other things, that the applicants are unable to provide the bank guarantee of Kshs. 500,000/= as ordered but wish to repla…