Job Madede v Acacia Ventures Limited [2020] KEELRC 1079 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1079
- Citation
- [2020] KEELRC 1079 (KLR)
The objection has merit and the warrant of attachment is lifted, and the motor vehicle is released to the objector.
Facts
The Claimant purchased a motor vehicle from Tsusho Capital Kenya and Patrick Ragot Olang, who are not parties to the suit. The vehicle was attached by Pambo Investment Auctioneers on 27th January 2020 in execution of a decree issued in this case.
Issues
- Whether the objector is a party to the suit
- Whether the attachment of the motor vehicle was lawful and in accordance with the Traffic Act
Reasoning
The motor vehicle was registered in the name of Tsusho Capital Kenya and Patrick Ragot Olang, and the objector demonstrated that the vehicle was attached by Pambo Investments Auctioneers in execution of a decree issued in this case. The claimant has not demonstrated any connection between the current and previous registered owners with Acacia Ventures Ltd.
Outcome
Appeal Granted
Orders
- The claimant/respondent through themselves and/or their lawful agents, Pambo Investment Auctioneers, and/or employees, agents and or servants to release the objectors repossessed motor vehicle Registration Number KBW 974K, Mini Bus Hino forthwith without any conditions attached.
- The warrant of attachment dated 27th January 2020 attaching the objector’s motor vehicle Registration Number KBW 974K Mini Bus Hino are hereby lifted.
- The claimant/respondent to pay the costs of the objection/Application.
Remedies
- Motor vehicle release
- Lifting of warrant of attachment
Authorities cited
Legislation (2)
- Traffic Act
- Civil Procedure Act
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