[2004] KEHC 2158 (KLR)

[2004] KEHC 2158 (KLR)

The court held that the application to correct the error in the warrants of attachment and sale was not properly before it, as such applications fall within the jurisdiction of the Deputy Registrar under Order 21 of the Civil Procedure Rules, as read with Order 48 Rule 5(b)(x). The judge found no evidence that the applicant's advocates were improperly on record, rejecting that objection. However, since the correction of warrants is a matter for the Deputy Registrar, the application was ordered to be placed before the Deputy Registrar for determination. The court exercised its inherent powers to stay execution of the warrants pending the Deputy Registrar's decision, to prevent injustice.

Citation
[2004] KEHC 2158 (KLR)
Parties
Plaintiff: M & E Consulting Engineers; Defendant: Lake Basin Development Authority
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 May 2004
Case Number
Civil Case 2098 of 1993
Procedural Posture
Civil Application / Ruling on Preliminary Objections and Jurisdiction
Outcome
Application not properly before the court; matter referred to Deputy Registrar; temporary stay of execution granted.
Legal Topics
Jurisdiction of Deputy Registrar, Correction of Errors, Warrants of Attachment, Civil Judgment Execution
Source Language
English
Civil Procedure Jurisdiction of Deputy Registrar Correction of Errors Warrants of Attachment Civil Judgment Execution

Case Brief

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Parties

M & E Consulting Engineers

Plaintiff

Lake Basin Development Authority

Defendant

Procedural Posture

Civil Application / Ruling on Preliminary Objections and Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to hear an application to correct an error in a warrant of attachment and sale.
  2. 2 Whether the applicant's advocates are properly on record.

Ratio Decidendi

The court held that the application to correct the error in the warrants of attachment and sale was not properly before it, as such applications fall within the jurisdiction of the Deputy Registrar under Order 21 of the Civil Procedure Rules, as read with Order 48 Rule 5(b)(x). The judge found no evidence that the applicant's advocates were improperly on record, rejecting that objection. However, since the correction of warrants is a matter for the Deputy Registrar, the application was ordered to be placed before the Deputy Registrar for determination. The court exercised its inherent powers to stay execution of the warrants pending the Deputy Registrar's decision, to prevent injustice.

Court Disposition

Application not properly before the court; matter referred to Deputy Registrar; temporary stay of execution granted.

Orders

  • The application is to be placed before the Deputy Registrar for hearing and determination.
  • A temporary order is granted staying execution of the warrants or any attachment and sale of the judgment debtor's assets until the Deputy Registrar determines the application.