[2017] KEHC 3065 (KLR)

[2017] KEHC 3065 (KLR)

The court held that Myspace Properties Limited's application to set aside or vary the arbitral award and decree was time-barred under Section 35(3) of the Arbitration Act, as it was filed more than three months after receipt of the award. The court found no evidence to support the assertion that the proclaimed goods were tools of trade exempt from execution. The criminal allegations against the auctioneer did not affect the validity of the execution process, as the manner of proclamation and attachment was not challenged and the vehicles were not shown to be necessary exhibits in the criminal case. The police's continued detention of the vehicles was unjustified, and the vehicles were to...

Citation
[2017] KEHC 3065 (KLR)
Parties
Plaintiff: Team Construction Limited; Defendant: Myspace Properties Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 September 2017
Case Number
Miscellaneous Case 568 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Applications for Stay, Variation, and Execution
Outcome
Defendant's application dismissed; plaintiff's application for release of vehicles allowed.
Judges
F Tuiyott
Legal Topics
Arbitral Award Enforcement, Setting Aside Award, Execution of Decree, Tools of Trade Exemption, Auctioneer Conduct, Police Interference in Execution
Source Language
English
Commercial and Corporate Civil Procedure Alternative Dispute Resolution Arbitral Award Enforcement Setting Aside Award Execution of Decree Tools of Trade Exemption Auctioneer Conduct +1 more

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Parties

Team Construction Limited

Plaintiff

Myspace Properties Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Post Judgment Applications for Stay, Variation, and Execution

Legal Issues

  1. 1 Whether the application to set aside or vary the arbitral award and decree is time-barred under the Arbitration Act.
  2. 2 Whether the proclaimed goods are protected as tools of trade and thus exempt from execution.
  3. 3 Whether the police are lawfully detaining the attached vehicles as exhibits in a criminal case, thereby obstructing execution of the decree.

Ratio Decidendi

The court held that Myspace Properties Limited's application to set aside or vary the arbitral award and decree was time-barred under Section 35(3) of the Arbitration Act, as it was filed more than three months after receipt of the award. The court found no evidence to support the assertion that the proclaimed goods were tools of trade exempt from execution. The criminal allegations against the auctioneer did not affect the validity of the execution process, as the manner of proclamation and attachment was not challenged and the vehicles were not shown to be necessary exhibits in the criminal case. The police's continued detention of the vehicles was unjustified, and the vehicles were to...

Court Disposition

Defendant's application dismissed; plaintiff's application for release of vehicles allowed.

Orders

  • The Motion of 10th October, 2016 is dismissed with costs.
  • The Motion of 17th October, 2016 is allowed to the extent that the Provincial Criminal Investigations Officer, Coast region, is directed to release and return Motor vehicles KBW 589Z, KBW 097H, KBW 890R to Evans Mwangi Maabi trading as 'Murphy Merchants' or any other auctioneer appointed by the plaintiff, within 12...