Robella Betty Ayode Omaido v Eliphineas Jackson Ekim Omaido; Eshikhoni Auctioneers & 2 others (Respondents) [2019] KEELC 2388 (KLR)
- Court
- Environment & Land Court
- Case number
- 2388
- Citation
- [2019] KEELC 2388 (KLR)
- Decided
- 15 July 2019
Summary at a glance
TypeCivilPostureApplication for stay of execution and restraining orderCoramKenyah Kweyu, Archbold Nyukuri
The court found that the respondents did not follow the due process of the law during the simultaneous proclamation and attachment of the plaintiff's property.
Facts
The plaintiff, Robella Betty Ayode Omaido, filed an application against Eliphineas Jackson Ekim Omaido and Eshikhoni Auctioneers regarding the execution of a decree. The auctioneers allegedly failed to follow due process by simultaneously proclaiming and attaching the plaintiff's property.
Issues
- Whether the proper execution procedure was followed
- Whether the warrants were defective
- Whether the restitution should be ordered
Reasoning
The court examined the Auctioneers Rules and the case of Rozaah Akinyi Buyu v Independent Electoral and Boundaries Commission to determine if the respondents complied with the rules.
Outcome
The court granted the plaintiff's application for a stay of further execution and restraining order, and ordered restitution of a 32-inch TCL television set and Kshs.10,000.
Orders
- Order to stay further execution of the decree
- Order to restrain respondents from selling or disposing of the applicant's movable property
- Order to restitute a 32-inch TCL television set and Kshs.10,000 to the applicant
Remedies
- Stay of further execution
- Restitution of property
- Costs of the application
Authorities cited
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