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Mistry Valji Naran Mulji v. Ezekiel Kiminza t/a Autoland Auctioneers

(2019) JELR 99046 (CA)

Court of Appeal  •  Civil Appeal 138 of 2018  •  28 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Mistry Valji Naran Mulji (the Appellant) was the defendant in HCCC No. 84 of 2005 where Jayendra Raichand Shah was one of the plaintiffs. Judgement was entered in favour of the plaintiffs and the said Jayendra instructed Ezekiel Kiminza, trading as Auto Land Auctioneers, (the respondent herein), to execute the decree drawn in favour of the plaintiffs as against the defendant (appellant herein) for the decretal sum to the tune of Kshs. 20,317,175.00. The respondent then proceeded proclaim and attach various goods belonging to the appellant between 20th July, 2016 and 21st September, 2016 with a view to levy distress in satisfaction of the decretal amount.

2. However, the appellant filed an application by way of chamber summons dated 5th August, 2016 seeking a stay of execution of the decree orders, which stay was granted pending the hearing of the application. Following the hearing of the said application, the court on the 19th of August, 2016 lifted the warrants…

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