[2021] KEELRC 2126 (KLR)
The court found that the applicant had provided sufficient documentary evidence, including the log book and NTSA records, to establish that he was the lawful owner of the motor vehicle KCJ 970L. Since the vehicle did not belong to the judgment debtor, it could not lawfully be attached or sold in execution of the...
Source-derived case information.
- Citation
- [2021] KEELRC 2126 (KLR)
- Parties
- Applicant: Karanja N. Francis Njoroge; Respondent: Kamba Kamau Mahinda; Respondent: Chairman/Secretary A.C.K Diocese of Mount Kenya South Emmanuel Church Kierenye Parish; Interested Party: High Class Auctioneers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1349 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Permanent Injunction
- Outcome
- application allowed
- Judges
- J Rika
- Legal Topics
- Injunction Against Execution, Ownership of Property, Auction Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karanja N. Francis Njoroge
Applicant
Kamba Kamau Mahinda
Respondent
Chairman/Secretary A.C.K Diocese of Mount Kenya South Emmanuel Church Kierenye Parish
Respondent
High Class Auctioneers
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Permanent Injunction
Legal Issues
- 1 Whether the applicant is entitled to a permanent injunction restraining the sale of motor vehicle KCJ 970L by auction in execution of decree.
- 2 Whether the applicant has established ownership of the motor vehicle in question.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence, including the log book and NTSA records, to establish that he was the lawful owner of the motor vehicle KCJ 970L. Since the vehicle did not belong to the judgment debtor, it could not lawfully be attached or sold in execution of the decree. The absence of any response or challenge from the respondents or claimant further supported the applicant's case. Accordingly, the court granted a permanent injunction restraining the sale of the vehicle and awarded costs to the applicant.
Court Disposition
application allowed
Orders
- A permanent injunction is issued restraining the sale of motor vehicle KCJ 970L by auction in execution of decree.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER 1349 OF 2014
BETWEEN
KARANJA N. FRANCIS NJOROGE....................................................APPLICANT
VERSUS
KAMBA KAMAU MAHINDA.................................1ST RESPONDENT/CLAIMANT
CHAIRMAN/ SECRETARY A.C.K DIOCESE
OF MOUNT KENYA SOUTH EMMANUEL
CHURCH KIERENYE PARISH...............................RESPONDENT/RESPONDENT
AND
HIGH CLASS AUCTIONEERS..............................................INTERESTED PARTY
Rika J
Emmanuel Kiprono – Court Assistant
_____________________________
Mr. Mwangi holding brief for Mr. Njegu for Objector
No appearance for the Respondent
No appearance for the Claimant
RULING
1. The Applicant Karanja Francis Njoroge, filed the Application dated 18. 9.2020 seeking a permanent injunction, restraining the Claimant from selling motor vehicle KCJ 970L, by way of auction, in execution of decree herein.
2. The Application has been served on all necessary Parties. Affidavit of Service is on record. There is no response.
3. The Applicant has exhibited copy of the log book, and records from NTSA, confirming he, not the Judgment Debtor, owns the said motor vehicle.
IT IS ORDERED: -
a. The Application dated 18. 9.2020 filed by the Applicant is allowed.
b. Costs to the Applicant.
Dated and delivered at Nairobi, this 4th day of February, 2021.
James Rika
JUDGE