[2000] KEHC 462 (KLR)
The court found that Order XXI Rule 22 of the Civil Procedure Rules only applies to the court to which a decree has been sent for execution, not the court which passed the decree. Since the present court was the one that passed the decree, it lacked jurisdiction to entertain the application under the cited rule....
Source-derived case information.
- Citation
- [2000] KEHC 462 (KLR)
- Parties
- Applicant: Ephapharus Waweru; Respondent: Patrick Nganga Mburu T/A Virmir Auctioneers; Respondent: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 234 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Declare Attachment Illegal
- Outcome
- application dismissed with costs
- Legal Topics
- Execution of Decrees, Attachment of Goods, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephapharus Waweru
Applicant
Patrick Nganga Mburu T/A Virmir Auctioneers
Respondent
Another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Declare Attachment Illegal
Legal Issues
- 1 Whether the court has jurisdiction under Order XXI Rule 22 of the Civil Procedure Rules to declare the attachment illegal.
- 2 Whether the application is properly before the court.
Ratio Decidendi
The court found that Order XXI Rule 22 of the Civil Procedure Rules only applies to the court to which a decree has been sent for execution, not the court which passed the decree. Since the present court was the one that passed the decree, it lacked jurisdiction to entertain the application under the cited rule. Consequently, the application was misconceived and could not be granted. The court dismissed the application with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
Ephapharus Waweru v Patrick Nganga Mburu T/A Virmir Auctioneers & Another High Court Of Kenya At Nairobi October 15, 2000 MILIMANI COMMERCIAL COURTS T Mbaluto, Judge Misc Application No 234 of 2000 October 15, 2000 T Mbaluto, Judge delivered the following ruling.
This application which seeks this court order to declare an attachment of the applicant’s goods carried out by the defendants illegal, has been brought under Order XXI Rule 22 and 23 of the Civil Procedure Rules as well as Section 3A of the Civil Procedure Act. In my view rule 22 of the Civil Procedure Rules applies only in the case of:-
“the court to which a decree has been sent for execution.”
This is not the court which rule 22 contemplates; it is the court which passed the decree. Consequently, the application is misconceived and must be dismissed with costs. It is so ordered.