KANYOKO T/A AMIGOS BAR & RESTURANT V. NDERU & 2 OTHERS
(1988) JELR 104687 (CA)
Court of Appeal
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Civil Appeal 142 of 1987
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21 Oct 1988
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Kenya
Coram
John Mwangi Gachuhi, Fred Kwasi Apaloo, James Onyiego Nyarangi
Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-center"><em>(Appeal from a Ruling and Order of the High Court at Nakuru, Tunoi Ag J)</em></p><p class="ql-align-justify">October 21, 1988, Nyarangi, Gachuhi and Apaloo JJ A delivered the following Judgment.</p><p class="ql-align-justify">The appellant who carries on business under the name and title of Amigos Bar Restaurant, appeals against a ruling and order of the High Court, Nakuru (Tunoi, J) dated the September 16, 1987. The Court ordered</p><p class="ql-align-justify">“Court Brokers to attach the moveable properties of the appellant to the value of Kshs 240,000 and keep the same under safe and secure custody until further orders”.</p><p class="ql-align-justify">The Court also directed that the appellant “meet the Court Brokers charges”. As will appear presently, these charges are not inconsiderable.</p><p class="ql-align-justify">The appellant says, these orders were wholly wrong and should be set aside. The orders were not made pursuant to any judgment delivered against the appellant. They were to forestall an alleged attempt by the appellant to make any decree that may be rendered against him infructuous.When then are the facts?</p><p class="ql-align-justify">The appellant a…</p>