Luka Lunayo v NYPD Restaurant & 2 others [2018] KEELRC 2184 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2184
- Citation
- [2018] KEELRC 2184 (KLR)
- Decided
- 19 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunction and reimbursementCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court dismisses the Objector's proceedings and orders the execution to proceed.
Facts
The Claimant obtained a decree against the 1st Respondent (NYPD Restaurant) for Kshs. 414,251. The 2nd Respondent (Upstate Kenya Auctioneers) proclaimed and sold goods belonging to the Objector (Ice on Fire Bar and Restaurant) without the Objector's consent. The Objector claims he is the rightful owner and seeks an injunction and reimbursement.
Issues
- Whether the 2nd Respondent can proceed with the sale of the Objector's goods without his consent.
- Whether the Objector is the rightful owner of the goods proclaimed and sold by the 2nd Respondent.
Reasoning
The Court finds that the Objector has not proved ownership of the goods and that the goods were proclaimed in his presence. The Court dismisses the Objector's proceedings.
Outcome
Objector's proceedings dismissed
Orders
- Execution to proceed
Remedies
- Costs to the Decree Holder
Authorities cited
Legislation (2)
- Civil Procedure Rules (2010)
- Civil Procedure Act Cap 21 Laws of Kenya
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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