Case ID:164939

Charles Wesonga Mbingi v Bernard Odhiambo Omusi [2020] eKLR

Case Metadata

Case Number:

Civil Case 77 of 2019

Parties:

Charles Wesonga Mbingi v Bernard Odhiambo Omusi

Date Delivered:

14 Oct 2020

Case Class:

Civil

Court:

High Court at Kisumu

Case Action:

Judgment

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

Charles Wesonga Mbingi v Bernard Odhiambo Omusi [2020] eKLR

Case History:

Being an Appeal from the Ruling and Order in Kisumu CMCC No. 86 of 2016 by Hon. J.Ngarngar (CM) on 19th June, 2019

Court Division:

Civil

County:

Kisumu

History Docket No:

CMCC No. 86 of 2016

History Magistrate:

Hon. J.Ngarngar (CM)

History County:

Kisumu

Case Outcome:

Appeal disallowed with costs to the 1st Respondent

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

(CORAM: CHERERE-J)

CIVIL CASE NO. 77 OF 2019

BETWEEN

CHARLES WESONGA MBINGI..................................................................APPELLANT

AND

BERNARD ODHIAMBO OMUSI......................................................1ST RESPONDENT

(

Being an Appeal from the Ruling and Order in Kisumu CMCC No. 86 of 2016

by

Hon. J.Ngarngar (CM) on 19

th

June, 2019

)

JUDGMENT

1. On 27.10.18, the court fixed

Kisumu CMCC No. 86 of 2016

for granted a stay of execution on condition that the principal judgment sum of Kshs. 1,200,000/- be deposited in an interest earning account in the names of both advocates.

2. Contrary to the court order, the Appellant on 18.03.19 deposited a bank guarantee issued by National Bank for Kshs. 1,300,000/-.

3. Thereafter, the Appellant by an application dated and filed on

26. 03.19 sought the leave of court to file the said bank guarantee.

4. As at the time of seeking leave, the Appellant had long filed the bank

guarantee without leave of court and in total breach of the court’s order dated 27.10.18.

5. Consequently, I find that the trial court in its ruling dated 19.06.2019 rightly rejected the substitution of its order with a bank guarantee that was filed without an express order or leave to file.

6. Consequently, the appeal is disallowed with costs to the 1

st

Respondent.

DATED AT KISUMU THIS

14

th

DAY OF

October

,2020

T. W. CHERERE

JUDGE

Court assistant

- Ms. Amondi

For Appellant

- Mr. Mirembe for Ashioya & Co. Advocates

For 1

st

Respondent

- Mr. Ochieng for P.Ochieng Ochieng & Co. Advocates

For 2

nd

Respondent

- State Law Office