Emilio Kirimi Njeru v New Bakers Limited; New Bakor Muthaiga Bakers Ltd (Objector) [2019] KEELRC 1216 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1216
- Citation
- [2019] KEELRC 1216 (KLR)
- Decided
- 15 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour RelationsPostureAppeal from a decision to set aside execution of a judgmentCoramRadido Stephen
Holding
The Court sets aside the execution against the Objector due to irregularity.
Facts
The Claimant sought to execute from premises leased to the Objector, a related company. The Respondent initially operated from the same premises but later surrendered the lease. The Objector challenged the execution.
Issues
- Irregularity of execution against the Objector
- Settlement of the decretal amount and auctioneer's charges
Reasoning
The Court found the execution irregular due to lack of clear evidence that the proclaimed properties were owned by the Respondent and that the Respondent was still operating from the premises.
Outcome
The proclamation and attachment are set aside.
Orders
- The proclamation and attachment including the warrants issued on 23 May 2019 are hereby set aside.
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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