[2001] KEHC 474 (KLR)
The court found that the plaintiffs/decree holders had complied with the procedural requirements for seeking the sale of the defendant's attached properties, including obtaining and registering a prohibitory order and serving the relevant parties. As there was no opposition from the defendant or the interested...
Source-derived case information.
- Citation
- [2001] KEHC 474 (KLR)
- Parties
- Plaintiff: Surjit Singh; Plaintiff: Malkiat Singh; Defendant: Miwani Sugar Company (1989) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 566 of 1999
- Procedural Posture
- Civil Case / Ruling on Application for Sale of Attached Property
- Outcome
- application allowed
- Judges
- T Mbaluto
- Legal Topics
- Execution of Decrees, Attachment of Property, Sale by Public Auction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Surjit Singh
Plaintiff
Malkiat Singh
Plaintiff
Miwani Sugar Company (1989) Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Sale of Attached Property
Legal Issues
- 1 Whether the plaintiffs/decree holders are entitled to an order for sale by public auction of the defendant's attached properties to satisfy the decretal sum.
- 2 Whether the prohibitory order against the properties was properly registered and remains effective.
Ratio Decidendi
The court found that the plaintiffs/decree holders had complied with the procedural requirements for seeking the sale of the defendant's attached properties, including obtaining and registering a prohibitory order and serving the relevant parties. As there was no opposition from the defendant or the interested party, and the decretal sum remained unsatisfied, the court was satisfied that the plaintiffs were entitled to the orders sought. The application for sale by public auction of the defendant's properties was therefore allowed as prayed, with costs to the plaintiffs/decree holders.
Court Disposition
application allowed
Orders
- The defendant's properties L.R. No. 7545/2 and 7545/3 shall be sold by public auction.
- The proceeds of the sale shall be paid to the plaintiffs/decree holders to satisfy the decretal sum.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 566 OF 1999
SURJIT SINGH …………………………………………. 1ST PLAINTIFF MALKIAT SINGH ……………………………..….…… 2ND PLAINTIFF VERSUS MIWANI SUGAR COMPANY (1989) LIMITED ……... DEFENDANT
RULING
The applicants who are the plaintiffs/decree holders in this matter have lodged this application under O. XXI Rules 59 and 72, Order XLVIII Rules 5(1) (b) (x) and O. L Rule 1 of the Civil Procedure Rules for an order that the court be pleased to order the sale by public auction of the defendant’s properties L.R. No. 7545/2 and 7545/3 and that the proceeds thereof be paid to the plaintiffs who are the judgment/creditors herein. The application is supported by an affidavit sworn on 20. 5.2001 by Surjit Singh and is based on two grounds:-
1. The prohibitory order against the two properties issued by this court on 8. 2.2001 has been registered at the Land Registry; and
2. The defendant has not satisfied the decretal sum herein. Although this application was served upon the judgment debtor as well as on the Bank of Baroda which has a charge registered against the properties, there has been no intervention by either of these two parties and consequently the application proceeded unopposed.
On the basis of what is contained in the application and the evidence disclosed by the affidavit sworn by Surjit Singh and further on the basis of submissions by learned counsel for the plaintiffs/decree-holders, I am fully satisfied that the plaintiffs/decree holders/applicants are entitled to the orders they seek. Accordingly the application is allowed as prayed. Costs of the application will be borne by the judgment debtor.
Dated at Nairobi this 5th day of July, 2001. T. MBALUTO JUDGE