Josphat Munke Ole Mpoe v David Waiganjo Koinange [2015] KEELRC 115 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 115
- Citation
- [2015] KEELRC 115 (KLR)
- Decided
- 9 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeExecution of DecreePostureApplication for Order to Produce Motor Vehicle for AttachmentCoramD.K.Njagi Marete
Holding
The court orders the respondent to produce the motor vehicle for attachment within 7 days and to comply by December 16, 2015.
Facts
Claimant obtained a decree for Kshs. 4,602,000. Execution was initiated, but the motor vehicle (KBQ 635U Volkswagen Double Cabin Pick-up) was removed and hidden by the respondent. Claimant applied for urgent orders to produce the vehicle for attachment.
Issues
- Whether the respondent owns the motor vehicle
- Whether the respondent can be compelled to produce the vehicle for attachment
Reasoning
The court found the respondent's actions to be an attempt to circumvent the execution process, and upheld the claimant's right to enforce the decree.
Outcome
Claimant's application granted
Orders
- Respondent to produce motor vehicle KBQ 635U for attachment within 7 days
- Respondent to comply by December 16, 2015
- Matter to be mentioned for further orders on December 17, 2015
Remedies
- Attachment of motor vehicle KBQ 635U
- Detention of respondent for 30 days if he resists execution
Authorities cited
Legislation (2)
- Civil Procedure Act
- Motor Vehicles Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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