[2023] KEELRC 1002 (KLR)
The court found that the objector and the respondent are joint owners of the motor vehicle in question, and as such, the vehicle cannot be sold by public auction without the concurrence of both parties. The vehicle had been held as security for the decretal sum by agreement between the parties. The court ordered...
Source-derived case information.
- Citation
- [2023] KEELRC 1002 (KLR)
- Parties
- Applicant: Wilfred Mutwota; Respondent: Bakery Solutions Limited; Objector: NCBA Bank Kenya PLC
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 650 of 2019
- Procedural Posture
- Cause / Ruling on Objector's Application to Stop Sale of Motor Vehicle
- Outcome
- Application by objector allowed with conditions.
- Judges
- Nzioki wa Makau
- Legal Topics
- Execution of Decree, Security for Debt, Ownership of Property, Joint Ownership, Public Auction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Mutwota
Applicant
Bakery Solutions Limited
Respondent
NCBA Bank Kenya PLC
Objector
Procedural Posture
Cause / Ruling on Objector's Application to Stop Sale of Motor Vehicle
Legal Issues
- 1 Whether the objector is entitled to stop the sale of Motor Vehicle KCC 830P by public auction.
- 2 Whether the vehicle can be sold without the concurrence of the joint owner (objector).
- 3 What conditions should govern the release of the vehicle held as security for the decretal sum.
Ratio Decidendi
The court found that the objector and the respondent are joint owners of the motor vehicle in question, and as such, the vehicle cannot be sold by public auction without the concurrence of both parties. The vehicle had been held as security for the decretal sum by agreement between the parties. The court ordered that the vehicle be released to the objector on the condition that the respondent provides suitable security for the payment of the balance of the decretal sum or settles the outstanding sum in full. The costs of the application were awarded to the respondent. The decision was based on the principles of joint ownership and the need to protect the interests of all parties in...
Court Disposition
Application by objector allowed with conditions.
Orders
- The vehicle KCC 830P is to be released to the objector on condition that the respondent provides suitable security for payment of the balance of the decretal sum or wholly settles the outstanding sum.
- The costs of the application shall be borne by the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Mutwota v Bakery Solutions Limited; NCBA Bank Kenya PLC (Objector) (Cause 650 of 2019) [2023] KEELRC 1002 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEELRC 1002 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 650 of 2019
Nzioki wa Makau, J
April 24, 2023
Between
Wilfred Mutwota
Claimant
and
Bakery Solutions Limited
Respondent
and
NCBA Bank Kenya PLC
Objector
Ruling
1. The objector seeks to stop the sale of Motor Vehicle KCC 830P by way of public auction as the said vehicle is said to be security for a loan taken by the respondent with the objector. the vehicle from records availed is jointly owned by the respondent and the objector. It is therefore incorrect for the objector to assert as it does, that it is the owner of the vehicle. It is a joint owner and given the vehicle is in the names of the objector and respondent, it cannot be sold without concurrence of the objector.
2. The court notes the vehicle has been held on a gentleman’s agreement between the directors of the respondent and the claimant’s advocate that it will be held as security for the payment of the decretal sum. In that regard, the vehicle is to be released to the objector on condition that the respondent provides a suitable security for payment of the balance of the decretal sum or in the alternative wholly settles the outstanding sum. The costs of this application shall be borne by the respondent.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 24TH DAY OF APRIL 2023NZIOKI WA MAKAUJUDGE