Joseph Atieno Aketch v Raiply Woods (K) Limited [2017] KEELRC 1927 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1927
- Citation
- [2017] KEELRC 1927 (KLR)
- Decided
- 20 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMotion to Set Aside Warrants of Attachment and Stay ExecutionPostureRespondent's Motion to Set Aside Warrants of Attachment and Stay ExecutionCoramRadido Stephen
Holding
The motion is dismissed with costs to the Claimant.
Facts
The Respondent sought to set aside warrants of attachment and sale granted on 30th November 2016, and to stay execution of the judgment and decree. The decretal sum of Kshs 522,791/- was deposited into Court on 15 December 2016.
Issues
- Setting aside warrants of attachment and sale
- Granting leave to pay the decretal sum in instalments
Reasoning
The Court dismissed the motion as the decretal sum had already been deposited into Court, and there was no legal justification to allow the warrants to stand. The Respondent's attempt to settle the decretal sum in instalments was unmerited and misplaced.
Outcome
Motion dismissed with costs to the Claimant
Orders
- Warrants of attachment and sale set aside
- Leave granted to pay the decretal sum in instalments
Remedies
- Costs awarded to the Claimant
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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