[2018] KEELRC 93 (KLR)
The court found that the objector failed to prove that the attached property belonged to him and not to the respondent, Kelly’s Bar & Restaurant. The record showed that the objector was the owner of the business and was represented in the proceedings. The court concluded that the objection lacked merit and dismissed...
Source-derived case information.
- Citation
- [2018] KEELRC 93 (KLR)
- Parties
- Claimant: Kenya Hotels & Allied Workers’ Union; Respondent: Kelly’s Bar & Restaurant; Objector: David Omolo Ogola
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 262 of 2013
- Procedural Posture
- Objection Proceedings / Ruling on Objection to Attachment of Property
- Outcome
- objection dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Execution of Judgments, Attachment of Property, Third Party Objection, Ownership of Attached Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels & Allied Workers’ Union
Claimant
Kelly’s Bar & Restaurant
Respondent
David Omolo Ogola
Objector
Procedural Posture
Objection Proceedings / Ruling on Objection to Attachment of Property
Legal Issues
- 1 Whether the objector, not being a party to the suit, can validly object to the attachment of property to satisfy the judgment debt.
- 2 Whether the attached property belongs to the objector or to the respondent, Kelly’s Bar & Restaurant.
Ratio Decidendi
The court found that the objector failed to prove that the attached property belonged to him and not to the respondent, Kelly’s Bar & Restaurant. The record showed that the objector was the owner of the business and was represented in the proceedings. The court concluded that the objection lacked merit and dismissed it with costs, holding that the property was properly attached to satisfy the judgment debt.
Court Disposition
objection dismissed with costs
Orders
- The objection to attachment is dismissed with costs to the claimant.
- Execution to proceed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 262 OF 2013
(Before Hon. Justice Mathews N. Nduma)
KENYA HOTELS & ALLIED WORKERS’ UNION...............CLAIMANT
VERSUS
KELLY’S BAR & RESTAURANT........................................RESPONDENT
AND
DAVID OMOLO OGOLA...........................................................OBJECTOR
R U L I N G
1. An objection to attachment of property to satisfy the Judgment debt in this matter was filed on 3rd August, 2017 on the grounds that the objector is not a party to the suit and the attached property belongs to the objector and not to the Respondent in the suit.
2. Execution was stayed pending objection proceedings.
3. The objection is opposed on grounds that the attached property belongs to the Respondent, Kelly’s Bar & Restaurant and attached property was attached at the said Kelly’s Bar & Respondent.
4. That record of proceedings show that the objector is the owner of Kelly’s Bar & Restaurant and Kenneth Kaunda Ogolla, participated in the hearing of the case on behalf of the objector whom he referred to as his employer.
5. That objection lacks merit and same be dismissed. That the application for stay of execution was rejected by the Court of Appeal in Civil Application No. 75 of 2016 at Kisumu and the parties engaged in settlement proceedings which were reported to have stalled. That issue is out of jurisdiction of this court.
6. Having considered the opposing arguments, the court finds that the objection lacks merit and is dismissed with costs.
Dated, Signed and Delivered in Kisumu this 6th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Mr. Lugano for Objector
Mr. John Simiyu for Claimant
Chrispo – Court Clerk