[2006] KEHC 1031 (KLR)
The court found that the applicant had demonstrated that the court bailiff was unable to execute the warrant of arrest because the judgment debtor was evading arrest. The affidavit evidence showed that all reasonable efforts had been made and the warrant had been returned unexecuted. In the interests of justice and...
Source-derived case information.
- Citation
- [2006] KEHC 1031 (KLR)
- Parties
- Applicant: GLOBAL ENTERPRISES (PVT) LTD; Respondent: ROBINSON MALAMBO; Respondent: ARUM & COMPANY
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 53 of 1997
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Execution of Warrant of Arrest
- Outcome
- Application allowed.
- Judges
- JL Osiemo
- Legal Topics
- Execution of Judgments, Warrants of Arrest, Court Bailiff Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GLOBAL ENTERPRISES (PVT) LTD
Applicant
ROBINSON MALAMBO
Respondent
ARUM & COMPANY
Respondent
Procedural Posture
Civil Case / Ruling on Chamber Summons for Execution of Warrant of Arrest
Legal Issues
- 1 Whether the court should order the Criminal Investigation Department to execute a warrant of arrest when the court bailiff is unable to do so due to the judgment debtor evading arrest.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had demonstrated that the court bailiff was unable to execute the warrant of arrest because the judgment debtor was evading arrest. The affidavit evidence showed that all reasonable efforts had been made and the warrant had been returned unexecuted. In the interests of justice and to uphold the authority of the court, it was appropriate to direct the Criminal Investigation Department to execute the warrant. The court exercised its inherent powers under Section 3A of the Civil Procedure Act and the relevant provisions of the Police Act to grant the orders sought by the applicant. The court also awarded costs of the application to the applicant.
Court Disposition
Application allowed.
Orders
- The Criminal Investigation Department, Urban Police Mombasa, is to execute the warrant of arrest issued against the first defendant.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
Civil Case 53 of 1997
GLOBAL ENTERPRISES (PVT) LTD……………..............................………………….APPLICANT
VERSUS
ROBINSON MALAMBO……………………........................……………………1ST RESPONDENT
ARUM & COMPANY………….......................….……………………………….2ND RESPONDENT
RULING
By this Chamber Summons brought under the provisions of Section 15 of the Police Act and the inherent powers of the court and Section 3A of the Civil Procedure Act, the applicant seeks orders that the Warrant of Arrest issued by this Honourable Court following an order made on 2nd November 2004 to the court bailiff High Court Mombasa for execution against the first defendant herein, be executed by the Criminal Investigation Department, Urban Police Mombasa and that costs of application be the plaintiff’s in any event.
The application is based on the ground that the court bailiff to whom the warrant was issued has encountered difficulties in executing owing to the fact that the judgment debtor is evading arrest.
The application is supported by an affidavit sworn by Herbert Ngisiange a court bailiff based in Mombasa who avers that all efforts he has made to effect the arrest of the defendant have been fruitless because the defendant has gone underground and he returned the warrant to the court of issue. This is a proper case where the court should grant the orders sought.
I allow the application in terms of prayer 1 and 2 of the Chamber Summons dated 20th March 2006.
Dated and delivered at Nairobi this 25th day of October 2006.
J.L.A. OSIEMO
JUDGE