[2024] KEHC 15343 (KLR)
The court found that the appellant had fully paid the decretal sum, and there was no legal basis for continued detention of the attached vehicle. The court emphasized that any storage charges could only be claimed up to the date of the court's release order, as further detention was in violation of the court's...
Source-derived case information.
- Citation
- [2024] KEHC 15343 (KLR)
- Parties
- Appellant: Eunice Bella Akini Oile; Respondent: Momentum Credit Limited; Respondent: Robert Waweru Maina t/a Antique Auctions Agencies
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Appeal E236 of 2022
- Procedural Posture
- Commercial Appeal / Ruling on Interlocutory Application for Release of Attached Property
- Outcome
- application allowed
- Judges
- NW Sifuna
- Legal Topics
- Execution of Decrees, Release of Attached Property, Storage Charges, Contempt of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Bella Akini Oile
Appellant
Momentum Credit Limited
Respondent
Robert Waweru Maina t/a Antique Auctions Agencies
Respondent
Procedural Posture
Commercial Appeal / Ruling on Interlocutory Application for Release of Attached Property
Legal Issues
- 1 Whether the appellant is entitled to the release of Motor Vehicle Reg No. KBT 342X after full payment of the decretal sum.
- 2 Whether storage charges are payable for the period after the court ordered release of the vehicle.
- 3 Whether continued detention of the vehicle after the court order constitutes contempt of court.
Ratio Decidendi
The court found that the appellant had fully paid the decretal sum, and there was no legal basis for continued detention of the attached vehicle. The court emphasized that any storage charges could only be claimed up to the date of the court's release order, as further detention was in violation of the court's directive and constituted an illegality. The management of Easy Yard was ordered to release the vehicle immediately and submit its bill for storage charges up to 13th November 2024 for assessment. Any amount found due would be recoverable as a civil debt from the appellant. Each party was ordered to bear its own costs for the application.
Court Disposition
application allowed
Orders
- Easy Yard management is ordered to forthwith release Motor Vehicle Reg No. KBT 342X to the appellant.
- Easy Yard to file its bill of storage charges for assessment by the court.
Full Case Text
Judgment text and source record
24 paragraphs
Oile v Momentum Credit Limited & another (Commercial Appeal E236 of 2022) [2024] KEHC 15343 (KLR) (Commercial and Tax) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15343 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Appeal E236 of 2022
NW Sifuna, J
November 21, 2024
Between
Eunice Bella Akini Oile
Appellant
and
Momentum Credit Limited
1st Respondent
Robert Waweru Maina t/a Antique Auctions Agencies
2nd Respondent
Ruling
1. This Ruling is on the Appellant’s Application dated 26th August 2024. The Application seeks the release to the Appellant, of Motor Vehicle Reg No. KBT 342X Mercedes Benz.
2. The main ground of the Application is that the said vehicle was on instructions from the 1st Respondent Momentum Credit Ltd attached by Antique Auctioneers and stored at Easy Yard a private yard.
3. The Application further stated that even after the Appellant had fully paid the decretal sum, the Respondents have refused to release the vehicle to her.
4. Upon considering the facts of this case, the submissions by the parties, and the interest of justice, the Application is found to have merit, and is consequently hereby allowed; in terms that Easy Yard management is hereby ordered to forthwith release the said vehicle to the Appellant and file its Bill of Storage Charges for assessment by this Court. Thereafter the amount found by the Court to be due, shall be claimed as a civil debt against the Appellant.
5. This Court having on 13th November 2024 ordered the release of the said vehicle, no storage charges should be charged from that date as any further detention of the said vehicle was against the said order hence an illegality and in contempt of the court.
6. Although the Application has been successful, each party shall bear its costs of it.
DATED AND DELIVERED AT NAIROBI ON THIS 21ST DAY OF NOVEMBER 2024. PROF (DR) NIXON SIFUNAJUDGE