[2002] KEHC 1081 (KLR)
The court found that the applicant was not given an opportunity to contest the freezing order on its bank account, and that the application to set aside the order was not opposed by the Attorney General. Upholding the principles of natural justice, the court determined that the freezing order should be set aside and...
Source-derived case information.
- Citation
- [2002] KEHC 1081 (KLR)
- Parties
- Applicant: Hillfarm Fresh Produce Limited; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 741 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Freezing Orders, Bank Account Restrictions, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillfarm Fresh Produce Limited
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the freezing order on account No.7082283 at Barclays Bank Moi Avenue Nairobi should be set aside.
- 2 Whether the applicant was denied an opportunity to contest the freezing orders.
Ratio Decidendi
The court found that the applicant was not given an opportunity to contest the freezing order on its bank account, and that the application to set aside the order was not opposed by the Attorney General. Upholding the principles of natural justice, the court determined that the freezing order should be set aside and the account allowed to operate freely.
Court Disposition
application allowed
Orders
- The order issued in Misc. Application No.466/2002 (before the Chief Magistrate Nairobi) is set aside.
- Account No.7082283 at Barclays Bank Moi Avenue Nairobi is allowed to operate freely.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIMISC. CRIMINAL APPLICATION NO.741 OF 2002
HILLFARM FRESH PRODUCE LIMITED ………………………… APPLICANT VERSUS REPUBLIC ……………………………………………………………. RESPONDENT
RULING
The applicant Hillfarm Fresh Produce Limited applied to this court seeking to have an order issued in C.M.C.C Miss. Application number 466/2002 which order freeze account No.7082283 at Barclays Bank of Kenya Moi Avenue be set aside. The applicant joined the Attorney General and the Commissioner of Police as Respondents to the application. The Attorney General did not oppose the application because the Applicant was not given an opportunity to contest the freezing orders.
After careful considerations of the application coupled with the fact that the same is not opposed. I allow this application as framed.
I therefore order that the order issued in Misc. Application No.466/2002 (before the Chief Magistrate Nairobi) be and is hereby set aside. I also order that account No.7082283 at Barclays Bank Moi Avenue Nairobi should be allowed to operate freely. The order freezing the said account is hereby set aside accordingly.
Orders accordingly.
R.M. MUTITU 29/8/2002
Delivered in open court. In the presence of Miss Nyamosi for State and Mr. Muriuki for the Applicant.
R.M. MUTITU JUDGE 29/8/2002