[2008] KEHC 991 (KLR)

[2008] KEHC 991 (KLR)

The court found that the applicant's request for sale without attachment was supported by Order XXI rule 7 (2) (i) (ii) of the Civil Procedure Rules. Upon perusal of the relevant provisions and the application, the court was satisfied that the order sought was available to the applicant. Therefore, the court granted...

Source-derived case information.

Citation
[2008] KEHC 991 (KLR)
Parties
Plaintiff: Union Logistics Limited; Defendant: Terra Seis Geophysical Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Civil Case 15 of 2008
Procedural Posture
Civil Case / Ruling on Execution Application
Outcome
application granted
Legal Topics
Execution of Judgments, Sale Without Attachment
Source Language
en
Civil Procedure Execution of Judgments Sale Without Attachment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Union Logistics Limited

Plaintiff

Terra Seis Geophysical Limited

Defendant

Procedural Posture

Civil Case / Ruling on Execution Application

Legal Issues

  1. 1 Whether the applicant is entitled to an order for sale without attachment under Order XXI rule 7 (2) (i) (ii) of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicant's request for sale without attachment was supported by Order XXI rule 7 (2) (i) (ii) of the Civil Procedure Rules. Upon perusal of the relevant provisions and the application, the court was satisfied that the order sought was available to the applicant. Therefore, the court granted the order for sale without attachment as prayed in the applicant's letter dated 8th September 2008.

Court Disposition

application granted

Orders

  • Order for sale without attachment granted as prayed in the letter dated 8th September 2008.