Stephen M. Onyiengo v J.R.S. Group Security Ltd [2015] KEELRC 46 (KLR)

Summary at a glance

Facts

The Claimant, Stephen M. Onyiengo, filed a decree for a total sum of Shs.255,038 plus costs. The Respondent, J.R.S. Group Security Ltd, filed an application for execution of the decree and a warrant of attachment.

Issues

• Whether the application is filed by a stranger
• Whether the decree and the warrants of attachment were irregularly obtained
• Whether there is an error on the face of the record justifying the setting aside and or varying the portion of judgment relating to underpayments
• Whether the application has merit

Reasoning

The court considered the application, grounds, and affidavit in support thereof, and the grounds of opposition filed by the Claimant.

Outcome

The application is granted and the decree and warrant of attachment are set aside.

Orders

• This application be certified urgent and be head ex-parte in the first instance and then fixed for hearing inter partes thereafter
• That leave be granted to the firm of MM Omondi & co. Advocates to come on record for the applicants in place of Obura-Obwatinya & Co. Advocates
• There be a stay of execution of the decree herein pending the hearing of this application inter partes
• The decree extracted herein on 29th May, 2015, be set aside
• The warrant of attachment issued to Eshikhoni Auctioneers be recalled, revoked and set aside
• The honourable court be pleased to review and or vary the order relating to the award under the heading of underpayment to the respondent
• The costs of this application be paid by the Respondent/claimants in any event

Remedies

• Stay of execution of the decree
• Recall, revoke and set aside the warrant of attachment
• Review and vary the order relating to the award under the heading of underpayment

Authorities cited