[2000] KEHC 338 (KLR)
The court found that the warrant of attachment was irregularly issued as conceded by the respondent/plaintiff, who admitted that no application for the same had been made. Given this concession and the absence of a proper basis for the issuance of the warrant, the court granted the application to lift the warrant of...
Source-derived case information.
- Citation
- [2000] KEHC 338 (KLR)
- Parties
- Plaintiff: National Industrial Credit Bank Ltd; Defendant: Michael Wangondu Githumbi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2109 of 1996
- Procedural Posture
- Civil Case / Ruling on Application to Lift Warrant of Attachment
- Outcome
- Application granted. Warrant of attachment lifted.
- Legal Topics
- Warrant of Attachment, Consent Judgment, Enforcement of Judgment, Irregular Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Industrial Credit Bank Ltd
Plaintiff
Michael Wangondu Githumbi
Defendant
Procedural Posture
Civil Case / Ruling on Application to Lift Warrant of Attachment
Legal Issues
- 1 Whether the warrant of attachment was regularly or irregularly issued.
- 2 Whether the warrant of attachment should be lifted given the respondent's concession.
Ratio Decidendi
The court found that the warrant of attachment was irregularly issued as conceded by the respondent/plaintiff, who admitted that no application for the same had been made. Given this concession and the absence of a proper basis for the issuance of the warrant, the court granted the application to lift the warrant of attachment. The court further directed the parties to fix a mention date for the purpose of recording a consent order as to the terms of payment, in line with the earlier consent judgments and the parties' agreement.
Court Disposition
Application granted. Warrant of attachment lifted.
Orders
- The warrant of attachment issued against the applicant/defendant is lifted.
- Parties to fix a mention date for recording a consent order as to the terms of payment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIH.C.C.CIVIL CASE NO.2109 OF 1996NATIONAL INDUSTRIAL CREDIT BANK LTD …………. PLAINTIFFVERSUS
MICHAEL WANGONDU GITHUMBI …………….……. DEFENDANT
R U L I N G
The claim in this suit was conceded by the defendant. Judgment entered in favour of the Plaintiff for Shs.422. 876/= and on 26th February, 1999 a consent order was recorded on the mode of payment. On 18/1/2000 another consent order was recorded in which the defendant was to pay Shs.50,000/= forthwith and another Shs.50,000/-. On 15/2/2000.
It was further agreed that a mention could take place on 22/3/2000 whereby the parties were to agree and record a further consent on terms of repayment.
But unfortunately the matter was not listed as agreed on 22/3/2000. The matter was listed for NTSC which is still pending, but a W/A had issued and the amount shown there in was Shs.82,775. 70 Which is the subject matter of this application.
The applicant claims that his W/Attachment was regularly issued counsel for the Respondent/Plaintiff concedes that the said W/Attachment was irregularly issued and that he never applied for the same.
The Respondent having conceded that the W/Attachment was irregularly issued. I grant the orders sought and the W/Attachment issued against the applicant/defendant are generally lifted. I make a further order that the parties do fix a mention date for the purpose of recording a consent order as to the terms of payment.
Order accordingly
Dated and delivered at Nairobi this 28th day of July, 2000
J.L.A. OSIEMO
JUDGE