[2001] KEHC 149 (KLR)
The court found that the objector failed to establish a valid legal interest in the attached machineries. The hire agreement relied upon by the objector did not specify the machinery in question, its execution by the defendant was unclear, and it was not registered. These deficiencies rendered the objector's claim...
Source-derived case information.
- Citation
- [2001] KEHC 149 (KLR)
- Parties
- Plaintiff: Industrial Distributors Ltd; Defendant: Exxado Paints & Allied Ltd; Objector: Ask Me Enterprises
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1327 of 1999
- Procedural Posture
- Civil Case / Ruling on Objection to Attachment
- Outcome
- application dismissed with costs
- Legal Topics
- Objection Proceedings, Attachment of Property, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Industrial Distributors Ltd
Plaintiff
Exxado Paints & Allied Ltd
Defendant
Ask Me Enterprises
Objector
Procedural Posture
Civil Case / Ruling on Objection to Attachment
Legal Issues
- 1 Whether the objector has a valid legal interest in the attached machineries sufficient to lift the attachment.
- 2 Whether the hire agreement between the objector and the defendant is enforceable in the context of the attachment.
Ratio Decidendi
The court found that the objector failed to establish a valid legal interest in the attached machineries. The hire agreement relied upon by the objector did not specify the machinery in question, its execution by the defendant was unclear, and it was not registered. These deficiencies rendered the objector's claim untenable. Consequently, the court held that the objection had no basis and dismissed the application, affirming the plaintiff's right to proceed with the attachment in execution of the decree.
Court Disposition
application dismissed with costs
Orders
- The objector's application is dismissed with costs.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO.1327 OF 1999
INDUSTRIAL DISTRIBUTORS LTD………………..….. PLAINTIFF VERSUS EXXADO PAINTS & ALLIED LTD…………………...…DEFENDANT ASK ME ENTERPRISES………..………………. OBJECTOR R U L I N G
In this application, the objector seeks that the attachment of the machineries pursuant to a decree in this case be raised or lifted as it had legal interests in them. The objector’s case is that it had hired those machines to the Defendant/Judgment-Debtor. The Hire Agreement did not specify the machinery that had been hired and it is unclear whether it was executed by the Defendant. It is also not registered. On these grounds, I agree with Mr. Mutinda for the Plaintiff/Judgment – Creditor that this objection has no basis and should be rejected.
I, therefore, dismiss this application with costs. Dated and delivered at Nairobi this 22nd day of May, 2001. ALNASHIR VISRAM JUDGE