[2017] KEELRC 681 (KLR)
The court found that the attached household items were personal property of the objector, Virginia Wangui Mathenge, and not part of the estate of the 1st respondent, Mathenge and Muchemi Advocates, against whom judgment had been entered. There was no evidence to demonstrate that the items formed part of the estate...
Source-derived case information.
- Citation
- [2017] KEELRC 681 (KLR)
- Parties
- Claimant: Lucy Nyandia Mwangi; Respondent: Mathenge and Muchemi Advocates; Respondent: Virginia Wangui Mathenge
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 811 of 2012
- Procedural Posture
- Employment Cause / Ruling on Objection to Attachment
- Outcome
- objection upheld; attachment set aside
- Legal Topics
- Attachment of Property, Judgment Execution, Administrator Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nyandia Mwangi
Claimant
Mathenge and Muchemi Advocates
Respondent
Virginia Wangui Mathenge
Respondent
Procedural Posture
Employment Cause / Ruling on Objection to Attachment
Legal Issues
- 1 Whether the attached household items belong to the judgment debtor or to the objector personally.
- 2 Whether the objector, as administrator of the deceased, is liable for the judgment against the 1st respondent.
Ratio Decidendi
The court found that the attached household items were personal property of the objector, Virginia Wangui Mathenge, and not part of the estate of the 1st respondent, Mathenge and Muchemi Advocates, against whom judgment had been entered. There was no evidence to demonstrate that the items formed part of the estate of the deceased advocate or the 1st respondent. As such, the attachment was improper and the objection was upheld. The attachment was set aside and costs were ordered to follow the outcome.
Court Disposition
objection upheld; attachment set aside
Orders
- The objection is upheld.
- The attachment of household items is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 811 OF 2012
LUCY NYANDIA MWANGI…..……………….......……..CLAIMANT
VERSUS
MATHENGE AND MUCHEMI ADVOCATES......1ST RESPONDENT
VIRGINIA WANGUI MATHENGE……….......….2ND RESPONDENT
Mr. Okongo for objector/applicant
Mr. Lugano for claimant/respondent
RULING
Reasons For Ruling Delivered On 25th July 2017.
1. Judgment was given in this matter in favour of the 1st respondent on 9th March 2013. The objector is the 2nd respondent, who is the wife of the deceased advocate Mr. G. K. Mathenge, the sole propriator of the 1st respondent.
2. It is not in dispute that the claimant has attached household items, which are personal properties of the objector who was merely an Administrator of the deceased.
3. It has not been demonstrated that those items form part of the estate of the 1st respondent against whom judgment was entered. The objection was upheld and the attachment set aside on 25th July 2017. Costs to follow the outcome.
Dated, Signed and Delivered at Nairobi this 29th day of September 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE