[2024] KEHC 16035 (KLR)
The court found that the judgment-debtor, having been aggrieved by the order for examination of its CEO as to means of satisfying the decree, is entitled to exercise its right of appeal. The right to a fair trial encompasses the right to have legal proceedings determined up to the highest court where permitted. The...
Source-derived case information.
- Citation
- [2024] KEHC 16035 (KLR)
- Parties
- Applicant: Centurion Engineers & Builders Ltd; Respondent: Kenya Bureau of Standards
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E506 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal, Examination of Judgment Debtor, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Centurion Engineers & Builders Ltd
Applicant
Kenya Bureau of Standards
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the judgment-debtor should be granted leave to appeal against the order for examination of its CEO as to means of satisfying the decree.
- 2 Whether the application for leave to appeal is merited or an abuse of process.
Ratio Decidendi
The court found that the judgment-debtor, having been aggrieved by the order for examination of its CEO as to means of satisfying the decree, is entitled to exercise its right of appeal. The right to a fair trial encompasses the right to have legal proceedings determined up to the highest court where permitted. The court therefore allowed the application for leave to appeal, holding that the applicant is entitled to have the impugned order tested by the Court of Appeal. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Leave to appeal against the ruling and order of 18/10/2024 is granted to the judgment-debtor.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Centurion Engineers & Builders Ltd v Kenya Bureau of Standards (Miscellaneous Application E506 of 2012) [2024] KEHC 16035 (KLR) (Commercial & Admiralty) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16035 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Admiralty
Miscellaneous Application E506 of 2012
A Mabeya, J
December 20, 2024
Between
Centurion Engineers & Builders Ltd
Plaintiff
and
Kenya Bureau of Standards
Defendant
Ruling
1. The Judgment-debtor has applied under Order 43 Rule 3 of the Civil Procedure Rules for leave to appeal against the Ruling and Order of this Court of 18/10/2024. The Summons is dated 28/10/2024.
2. The Judgment Debtor alleged that the impugned ruling sought to have it’s CEO examined as to its means of satisfying the decree. That it was aggrieved and wished to appeal against that decision.
3. The Decree-Holder opposed the application vide the Affidavit of Samay Singh sworn on 4/11/2024. It was contended that the application was devoid of merit and was only meant to delay and frustrate the Decree-Holder from enjoying the fruits of its judgment. That the Appeal was not arguable.
4. The view I take is that, a party has a right to exercise his right of fair trial. That includes bringing legal proceedings and having them determined upto the highest Court where it is permitted. In this case, this Court made an order which has angered the Judgment-Debtor. The Judgment-Debtor has the right to have the same tested by the Court of Appeal.
5. In view of the foregoing, I allow the application as prayed save that costs are to be in the cause.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 20TH DECEMBER 2024. A. MABEYA, FCI ArbJUDGE