[2004] KEHC 2364 (KLR)

[2004] KEHC 2364 (KLR)

The court found that the application for execution was proper because judgment had already been entered against the respondent, and the applicant had attached documents demonstrating that the two properties in question belonged to the judgment debtor. There was no substantive opposition to the application....

Source-derived case information.

Citation
[2004] KEHC 2364 (KLR)
Parties
Plaintiff: Hezekiel Oira; Defendant: Gilbert Joel Mainye; Defendant: Kisii Farmers Co-op. Union Ltd.
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
? 8 of 2002
Procedural Posture
Civil Case / Ruling on Application Dated 26/1/04
Outcome
application allowed
Judges
K Bauni
Legal Topics
Execution of Judgment, Attachment of Property
Source Language
en
Civil Procedure Execution of Judgment Attachment of Property

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hezekiel Oira

Plaintiff

Gilbert Joel Mainye

Defendant

Kisii Farmers Co-op. Union Ltd.

Defendant

Procedural Posture

Civil Case / Ruling on Application Dated 26/1/04

Legal Issues

  1. 1 Whether the application for execution against the respondent's properties is proper and should be allowed.

Ratio Decidendi

The court found that the application for execution was proper because judgment had already been entered against the respondent, and the applicant had attached documents demonstrating that the two properties in question belonged to the judgment debtor. There was no substantive opposition to the application. Therefore, the court allowed the application as prayed, permitting execution against the identified properties.

Court Disposition

application allowed

Orders

  • The application dated 26/1/04 is allowed as prayed.