[2008] KEHC 1196 (KLR)
The court found that the prohibitory order issued against Limuru Town Plot No. 185 was no longer necessary because the judgment debtor had settled the decretal sum in full, as evidenced by the auctioneer's correspondence and the cancellation of the scheduled sale. The purpose of the prohibitory order—to prevent...
Source-derived case information.
- Citation
- [2008] KEHC 1196 (KLR)
- Parties
- Decree Holder: Silvester Industries Nairobi Limited; Judgment Debtor: Saga Industries Limited; Objector: Grace Wainaina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 53 of 2002
- Procedural Posture
- Civil Suit / Ruling on Objection to Execution
- Outcome
- prohibitory order lifted; objection proceedings concluded as settled
- Legal Topics
- Execution of Decrees, Prohibitory Orders, Objection Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Silvester Industries Nairobi Limited
Decree Holder
Saga Industries Limited
Judgment Debtor
Grace Wainaina
Objector
Procedural Posture
Civil Suit / Ruling on Objection to Execution
Legal Issues
- 1 Whether the prohibitory order issued against the judgment debtor's property should be lifted following settlement of the decretal sum.
- 2 Whether the objection proceedings remain relevant after full settlement of the decree.
Ratio Decidendi
The court found that the prohibitory order issued against Limuru Town Plot No. 185 was no longer necessary because the judgment debtor had settled the decretal sum in full, as evidenced by the auctioneer's correspondence and the cancellation of the scheduled sale. The purpose of the prohibitory order—to prevent transfer or charging of the property pending satisfaction of the decree—had been achieved. With the execution process concluded and the parties having entered into negotiations resulting in payment, the court determined that the order had outlived its usefulness and should be lifted. The objection proceedings were rendered moot by the settlement, and the court accordingly raised...
Court Disposition
prohibitory order lifted; objection proceedings concluded as settled
Orders
- The prohibitory order issued on 30th April, 2007 is hereby raised.
- Execution proceedings in respect of Limuru Town Plot No. 185 are terminated.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Suit 53 of 2002
SILVESTER INDUSTRIES NAIROBI LIMITED…....…DECREE HOLDER
VERSUS
SAGA INDUSTRIES LIMITED ……....………….…. JUDGMENT DEBTOR
AND
GRACE WAINAINA ………………………………………………OBJECTOR
R U L I N G
The Objector with the Notice of Objection dated 27th March 2008 filed under Order XXI rule 53of theCivil Procedure Rules, through her Advocate, Alexanda Kinyanjui & Co. Advocates, wrote to the court requesting that this file be placed before the court for directions. When the parties came before me for directions, the Objector’s Advocate and the Judgment Debtor’s Advocate agreed to file submissions to explain what directions were being sought from the court.
I have now received and read submissions by both Counsel. It is clear to me that both Advocates are in agreement in regard to the issue at hand. It has been shown, and I have confirmed from the record of these proceedings that a Prohibitory Order was issued by this court on 30th April, 2007, prohibiting the Judgment Debtor from transfer or charging the property known as Limuru Town Plot No. 185. The same order also directed that the property be sold to satisfy the decree in this suit of Kshs. 920,011. 85 together with the interest thereon.
Thereafter a Notification of Sale was issued for the sale of the said property and the conduct of the execution by sale assigned to MUHATIA PALA AUCTIONEERS. I note from the file that the said auctioneers wrote to the court, a letter dated 31st March, 2008 in which he acknowledged receipt of a cheque of Kshs.900,000/- of even date drawn by Messrs Bowry & Co. Advocates in full and final settlement of the decretal sum, interest and costs by the Judgment Debtor to the Decree Holder. He concludes by stating that the sale of the plot Limuru Town Plot No. 185 was therefore cancelled.
I also note from the file that by a letter dated 12th May, 2008, MUHATIA PALA AUCTIONEERS wrote to the Deputy Registrar and returned the Notification of Sale issued to him to the court on the grounds that the two parties in the instant suit had entered into negotiations.
Having confirmed all these details, I am satisfied that the Prohibition Order issued by this court on 30th April, 2007 has outlived its usefulness. The said Prohibitory Order is hereby raised.
Dated at Nairobi this 9th day of October, 2008.
LESIIT, J.
JUDGE
Read, signed and delivered, in the presence of:
Mr. Naeku holding brief for Mr. Kinyanjui for Objector
N/A for Mr. Gitao for Judgment Debtor
LESIIT, J.
JUDGE