Danson Mbubi Mutabi v Konza Ranching & Farming Co-operative Society Limited [2020] KEELRC 768 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 768
- Citation
- [2020] KEELRC 768 (KLR)
- Decided
- 25 June 2020
The Court dismissed the Application for stay of execution and set aside the warrants of attachment as obtained irregularly. The Court also dismissed the Application for review of the interest on the judgment.
Facts
The Claimant, Danson Mbubi Mutabi, received a judgment awarding him Kshs. 2,325,780.00 and costs. The Respondent, Konza Ranching & Farming Co-operative Society Limited, paid Kshs. 2,941,807/- towards settlement. The Claimant then proclaimed the Respondent's property for Kshs. 8,355,185/- as the decretal amount.
Issues
- Irregularity of warrants of attachment
- Interest on judgment
Reasoning
The Court found the warrants of attachment irregular and not in line with the legal process. The Court also determined that the interest awarded was reasonable and in line with the Civil Procedure Act.
Outcome
Appeal dismissed
Orders
- Stay of execution of warrants of attachment set aside
- Warrants of attachment declared irregular and null and void
Authorities cited
Legislation (2)
- Civil Procedure Act
- Judicature Act
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