Bahari Forwarders Limited v Kassam Hauliers Limited & another; Associates (Interested Party) (Miscellaneous Civil Application E023 of 2024) [2026] KEHC 5517 (KLR) (29 April 2026) (Ruling)

Bahari Forwarders Limited v Kassam Hauliers Limited & another; Associates (Interested Party) (Miscellaneous Civil Application E023 of 2024) [2026] KEHC 5517 (KLR) (29 April 2026) (Ruling)

Joinder of J. Mbugua Mburu & Associates as interested party is rejected as they have no personal legal interest in execution proceedings; directors of Kassam Hauliers Limited must comply with summons for examination as insurance policy and declaratory suit do not discharge primary liability; insurer under statutory management cannot satisfy decree, leaving judgment debtor fully liable.

Citation
[2026] KEHC 5517 (KLR)
Parties
Applicant: Bahari Forwarders Limited; Respondent: Kassam Hauliers Limited; Interested Party: J Mbugua Mburu & Associates
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Miscellaneous Civil Application E023 of 2024
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application dated 5th November 2025 dismissed with costs.
Legal Topics
Execution of Decrees, Corporate Veil, Joinder of Interested Parties, Insurance Indemnity, Statutory Management
Source Language
English
Civil Procedure Insurance Law Company Law Execution of Decrees Corporate Veil Joinder of Interested Parties Insurance Indemnity Statutory Management

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Parties

Bahari Forwarders Limited

Applicant

Kassam Hauliers Limited

Respondent

J Mbugua Mburu & Associates

Interested Party

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether J. Mbugua Mburu & Associates should be enjoined as an interested party
  2. 2 Whether directors of Kassam Hauliers Limited should be protected from personal examination and liability due to an insurance policy and declaratory suit

Ratio Decidendi

Joinder of J. Mbugua Mburu & Associates as interested party is rejected as they have no personal legal interest in execution proceedings; directors of Kassam Hauliers Limited must comply with summons for examination as insurance policy and declaratory suit do not discharge primary liability; insurer under statutory management cannot satisfy decree, leaving judgment debtor fully liable.

Court Disposition

Application dated 5th November 2025 dismissed with costs.

Orders

  • Joinder of J. Mbugua Mburu & Associates as interested party rejected.
  • Directors of Kassam Hauliers Limited to comply with summons for examination as ordered.