Kenya Electricity Transmission Company Limited v Spedag Interfreight Kenya Limited & 4 others (Civil Appeal E028 of 2021) [2024] KECA 542 (KLR) (24 May 2024) (Judgment)

Facts

The 1st and 2nd respondents claimed a sum of US$1,100,486.99 from the 3rd and 4th respondents, who failed to settle the sums due from them. The 1st and 2nd respondents sought a conditional attachment of sums owing by Kenya Revenue Authority and the appellant to the 3rd and 4th respondents.

Issues

1. Whether the appellant was entitled to lift the attachment order issued against it in respect of the debts due from the appellant to the 3rd respondent
2. Whether the appellant adopted conflicting positions in arguing its case

Reasoning

The appellant adopted conflicting positions in its case, insisting on paying the 3rd respondent while also contending that the accounts between it and the 3rd respondent were yet to be taken. The learned Judge was not faulted for arriving at the impugned decision.

Outcome

Appeal dismissed with costs