Ruth Wairimu Muigai v Leonard Githaiga Kamau t/a Gituamba Hotel [2020] KEELRC 1596 (KLR)

Summary at a glance

Facts

Claimant filed suit on June 16, 2017, and respondent failed to file a defence. Warrants of attachment were issued on February 20, 2019, without a bill of costs being presented.

Issues

• Whether the issuance of warrants of attachment was illegal and should be recalled
• Whether the claimant should be denied the fruits of the judgment

Reasoning

Section 94 of the Civil Procedure Act allows for execution of a decree before costs are assessed if the court considers it necessary. The respondent's failure to attend court does not justify waiving the requirements of section 94.

Outcome

Application allowed; warrants recalled

Orders

• Warrants of attachment issued to M/S Direct O Auctioneers on 5th August, 2019 are recalled

Remedies

• Claimant meets the costs due to the respondent

Authorities cited