[2010] KEHC 2243 (KLR)
The court found that the objector failed to specify which assets were attached and did not provide any documentary evidence to prove ownership. The objector's claim that documents were lost during attachment and the subsequent failure to produce any proof, even after seeking adjournment, rendered the application...
Source-derived case information.
- Citation
- [2010] KEHC 2243 (KLR)
- Parties
- Applicant: Nashon Oluoch; Respondent: Kenya Times Media Trust Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 306 of 2004
- Procedural Posture
- Civil Case / Ruling on Objection Proceedings
- Outcome
- application dismissed with costs
- Legal Topics
- Objection Proceedings, Attachment of Property, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nashon Oluoch
Applicant
Kenya Times Media Trust Ltd
Respondent
Procedural Posture
Civil Case / Ruling on Objection Proceedings
Legal Issues
- 1 Whether the objector is entitled to a declaration that the attachment of its assets is null and void.
- 2 Whether the objector has proved ownership of the attached assets.
Ratio Decidendi
The court found that the objector failed to specify which assets were attached and did not provide any documentary evidence to prove ownership. The objector's claim that documents were lost during attachment and the subsequent failure to produce any proof, even after seeking adjournment, rendered the application frivolous. The court held that the objector did not discharge its burden of proof as required under the Civil Procedure Rules, and therefore, the objection proceedings could not succeed.
Court Disposition
application dismissed with costs
Orders
- The objection proceedings are dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Case 306 of 2004
NASHON OLUOCH............................................................APPLICANT
VERSUS
KENYA TIMES MEDIA TRUST LTD..........................RESPONDENT
RULING
This is an application by way of objection proceedings brought by News & Printing Services Ltd (the Objector) under Order 21 Rules 56 and 57 of the Civil Procedure Rules. It seeks a declaration that the attachment of its assets by M/s Legacy Auctioneers on 16th February 2009 is null and void for the reason that the Objector is not a party to this suit and that the attached assets belong to it and not the judgment debtor.
The application is strongly opposed. In the replying affidavit sworn by Sally Njoki Mbeche, counsel for the decree holder, it is deposed that the Objector has filed four previous applications similar to this one all of which have been dismissed. It is submitted for the Decree holder that in the circumstances and the Objector having not attached any document to prove its ownership of the attached assets, this application should be dismissed.
The Objector has not even said what assets have been attached leave alone providing proof of its ownership of the same. In the affidavit in support of the application, the Objector’s General Manager claims that it lost the ownership documents in the course of the attachment and that it would later provide proof that it is the owner of the attached assets but it did not. I found its application for adjournment allegedly to enable it exhibit those documents made on 2nd June 2010, about one year and three months later, totally frivolous and dismissed it. Taking all these factors into account, I agree with counsel for the decree holder that this is a frivolous application and I accordingly dismiss it with costs.
DATED and DELIVERED at Nakuru this 17th day of June, 2010.
D. K. MARAGA
JUDGE.