Automated Summary
Key Facts
The applicant (Milkah Kerubo Onkoba) failed to comply with a court order to deposit the decretal amount in a joint interest earning account within the stipulated time. The judge accepted the applicant's explanation for the delay, allowed the application, and granted an additional 15 days to deposit the funds. The applicant was also ordered to pay the respondent's costs of execution and the costs of this application.
Transaction Type
Other
Issues
- The ruling required the applicant to pay the costs of execution, which had been applied for by the respondent, as well as the costs of the application itself. This was part of the court's decision to allow the application and extend the compliance period.
- The court addressed the applicant's failure to deposit the decretal amount in a joint interest-earning account within the stipulated time. Counsel for the applicant explained the delay, which the court accepted, leading to an order to enlarge the time for deposit within 15 days from the ruling date. The court also considered the respondent's application for execution and the associated costs.
Holdings
The application is allowed, and the applicant is granted an extension of 15 days to deposit the decretal amount in a joint interest-earning account. The applicant must also pay the costs of execution and the costs of this application.
Remedies
- The applicant is allowed additional time of 15 days to deposit the decretal amount in a joint interest-earning account.
- The applicant is ordered to pay the costs of execution applied for by the respondent and the costs of this application.
Legal Principles
Costs Principles
Judge Name
Kaburu Bauni
Passage Text
- I have carefully considered the application dated 27th May 2004 and the submissions by both counsels. The counsel for the respondent was right to extract the decree and apply for execution after the applicant did not comply with the order to deposit the decretal amount in a joint interest earning account within the stipulated time.
- However counsel for the applicant has tried to explain the delay. I accept the explanation. I therefore allow the application as prayed. I enlarge time to deposit the money, which should be done within 15 days from today's date.
Damages / Relief Type
- Applicant ordered to pay execution costs and application costs
- Time enlarged to deposit within 15 days