Mombasa Trade Centre v East Africa Institute of Certified Studies Limited & 2 others; Equity Bank (K0 Limited (Objector) (Civil Suit 104 of 2021) [2024] KEELC 13669 (KLR) (2 December 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13669
- Citation
- [2024] KEELC 13669 (KLR)
- Decided
- 2 December 2024
The Court found the Notice of Motion to be merited and granted the injunction.
Facts
The Plaintiff, Mombasa Trade Centre, sought an injunction to prevent the sale of certain motor vehicles registered in the names of the Defendants, East Africa Institute of Certified Studies Limited and others. The Defendants, including the Objector Equity Bank (K0 Limited), had previously obtained a decree and warrants of attachment for the vehicles. The Objector claimed a legal interest in the vehicles through loan facilities and registration of an interest under the Movable Properties Security Rights Act.
Issues
- Whether the Notice of Motion dated 13th June, 2024 is merited.
- Who will bear the Costs of Notice of Motion application 13th June, 2024.
Reasoning
The Court ruled that the Objector had a legal interest in the vehicles as evidenced by loan facilities and registration of an interest under the Movable Properties Security Rights Act. The irregular attempts to interfere with the attachment and sale of the vehicles were deemed to be in collusion with the Judgment-Debtor.
Outcome
The Court granted the injunction.
Orders
- That the attachment by the Plainti pursuant to the Decree dated 22nd June 2023 and the warrants of attachment issued by this court to Vintage Auctioneers be raised forthwith and the motor vehicles registration number KCX 124X, KCX 076Y, KCX134X, KCV374A, KCX 127X, KCX129X and KCX 133X be released forthwith.
- That pending the hearing and determination of this application, this honorable court be pleased to grant a temporary order of injunction restraining the Plainti either by themselves, agents, or servants from selling, disposing of, transferring, or in any other manner interfering with the suit motor vehicles registration number KCX 124X, KCX 076Y, KCX134X, KCV374A, KCX 127X, KCX129X and KCX 133X.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Movable Properties Security Rights Act
Cases cited (1)
- Precast Portal Structures – Versus - Kenya Pencil Company Ltd & 2 others [1993] eKLR
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