Hellen Waseka v Middle East Bank Kenya Limited [2021] KEELRC 1466 (KLR)

Summary at a glance

Facts

Claimant issued a warrant of attachment against the respondent, Middle East Bank Kenya Limited, despite a stay of execution order granted by the court on April 30, 2019. The respondent filed an application seeking to set aside the warrant of attachment and other orders.

Issues

• Set aside the warrant of attachment issued on January 28, 2021
• Affirm the stay of execution order granted on April 30, 2019
• Grant a stay of execution until the hearing and determination of appeals

Reasoning

The court ruled that the respondent's application was not in abuse of process and that the claimant's execution process was irregular. The court also noted that the respondent was in order by moving with haste and opening an account in the joint names of the parties as directed.

Outcome

The court issued orders to set aside the warrant of attachment and affirm the stay of execution order.

Orders

• Warrant of Attachment issued on January 28, 2021 are declared irregular, null and void
• Orders of April 30, 2019 remain in force pending hearing and determination of appeals
• Claimant shall pay costs herein

Remedies

• Affirmation of stay of execution order
• Set aside warrant of attachment

Authorities cited