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Palace Investments Limited v. Geoffrey Kariuki Mwenda & Dollar Auctions

(2015) JELR 96536 (CA)

Court of Appeal  •  Civil Appeal 127 of 2005  •  19 Jun 2015  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

George Gikubu Mbuthia was the plaintiff in Milimani Commercial Court HCC No. 1260 of 2002, where he had sued one Peter Njeru Mugo and three others for varoius reliefs. His suit against the 2nd, 3rd and 4th defendants was struck out with costs and a decree issued against him.

In a bid to satisfy the said decree, the 2nd defendant who is the 1st respondent in this appeal, through Dollar Auctions (2nd respondent) moved to attach the plaintiff’s moveable properties. The 2nd respondent attached a motor vehicle reg No. KVE 001 which used to be driven by the plaintiff. The motor vehicle and other movable properties were proclaimed on 23rd November, 2004.

Following this proclamation, Palace Investment Limited (the appellant) initiated objection proceedings under Order 21 rule 56 and 57 of the repealed Civil Procedure Rules. In its application, the appellant claimed that it was the registered owner of the attached vehicle and therefore urged the court to lift the attachment …

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