[2018] KEELC 658 (KLR)
The court found that the objector demonstrated a legal interest in the attached motor vehicle, as it is jointly registered in the names of the objector and the 16th plaintiff. The court was persuaded that if the vehicle were disposed of before the objection proceedings were determined, the objector would suffer...
Source-derived case information.
- Citation
- [2018] KEELC 658 (KLR)
- Parties
- Applicant: Pius Isaiga & 57 Others; Respondent: Sammy Kiprotich Kosgei; Respondent: Clement Kiprotich Lagat
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 167 of 2017
- Procedural Posture
- Objection Proceedings / Ruling on Notice of Motion for Release and Raising of Attachment
- Outcome
- application granted as prayed in prayers 2 and 3
- Judges
- FM Njoroge
- Legal Topics
- Attachment of Property, Objection Proceedings, Execution of Judgment, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Isaiga & 57 Others
Applicant
Sammy Kiprotich Kosgei
Respondent
Clement Kiprotich Lagat
Respondent
Procedural Posture
Objection Proceedings / Ruling on Notice of Motion for Release and Raising of Attachment
Legal Issues
- 1 Whether the objector has a legal interest in Motor Vehicle Registration No. KCP 160V sufficient to warrant release from attachment.
- 2 Whether the attachment of the motor vehicle should be raised pending determination of objection proceedings.
Ratio Decidendi
The court found that the objector demonstrated a legal interest in the attached motor vehicle, as it is jointly registered in the names of the objector and the 16th plaintiff. The court was persuaded that if the vehicle were disposed of before the objection proceedings were determined, the objector would suffer prejudice. Given that the application was unopposed, the court granted the orders sought in prayers 2 and 3 of the Notice of Motion, compelling the release of the vehicle and raising the attachment pending the hearing and determination of the objection proceedings.
Court Disposition
application granted as prayed in prayers 2 and 3
Orders
- The defendants’ agent, Igare Auctioneers, is compelled to release Motor Vehicle Registration No. KCP 160V on running, attachment basis pending the hearing and determination of the objection proceedings.
- An order is made raising the attachment of the Objector’s Motor Vehicle Registration No. KCP 160V as set out in the proclamation dated 22nd August, 2018.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 167 OF 2017
PIUS ISAIGA & 57 OTHERS..............................................PLAINTIFFS/APPLICANTS
VERSUS
SAMMY KIPROTICH KOSGEI...............................1ST DEFENDANT/RESPONDENT
CLEMENT KIPROTICH LAGAT............................2ND DEFENDANT/RESPONDENT
R U L I N G
1. The Notice of Motion dated 31/10/2018 and filed on the same date sought the following orders
(1) That this application be certified as urgent. Service of the same be dispensed with and interim orders be granted in the first instance.
(2) That the defendants’ agent – Igare Auctioneers be compelled to release the Motor Vehicle Registration No. KCP 160V on running, attachment basis pending the hearing and determination of this objection proceedings.
(3) That this honourable court may be pleased to make an order raising the attachment of the Objector’s Motor Vehicle Reg. No. KCP 160V as set out in the proclamation dated 22nd August, 2018.
(4) That the costs of this application be provided for.
2. The application is brought under Order 22 Rule 51, 52, 53 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
3. The grounds on which the said application is made are that the objector has legal interest in the motor vehicle registration number KCP 160V which the defendants/decree holders have attached as it is the registered owner thereof yet it was not party to the suit that gave rise to the judgment being enforced. It is averred that it stands to suffer prejudice if the application is not granted.
4. The application is supported by the affidavit dated 31/10/2018sworn byLawrence Anthony Oumathe legal officer of the Objector.
5. I have considered the contents of that affidavit and the annextures and I am persuaded that the vehicle is jointly registered in the names of the objector and the 16th plaintiff, Patrick Imbiakha and that if the same is disposed of the objector would suffer prejudice.
6. Further, I observe that the application is unopposed.
7. I hereby grant the application as prayed in prayer 2andprayer 3thereof.
Dated, signed and delivered at Kitale on this 15th day of November, 2018.
MWANGI NJOROGE
JUDGE
15/11/2018
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Khisa holding brief for Barongo for objector
N/A for the respondent/defendant
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
15/11/2018