James Gitau Kamau & 9 others v Habo Group of Companies Limited & HGC Habo Group Limited (Cause 279 of 2015) [2021] KEELRC 2227 (KLR) (4 February 2021) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2227
- Citation
- [2021] KEELRC 2227 (KLR)
- Decided
- 4 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeExecution ObjectionPostureAppeal from a judgment in favor of the ClaimantsCoramLINNET NDOLO
Holding
The Objector's objection fails because it did not demonstrate a legal or equitable interest in the attached property.
Facts
The Claimants won a judgment in 2016 for Kshs. 1,014,862. The Objector, HGC Habo Group Limited, objected to execution of the judgment, claiming it owned the attached assets.
Issues
- Whether the Objector has a legal or equitable interest in the attached property
- Whether the Claimant's Notice of Intention to Proceed with Execution was served within the prescribed time
Reasoning
The Objector failed to provide evidence of its interest in the attached assets. The court held that the Objector bears the burden of demonstrating such interest.
Outcome
Execution will proceed.
Orders
- The Objector will meet the costs of the proceedings.
Authorities cited
Cases cited (2)
- Akiba Bank Ltd v Jetha & Sons Ltd [2005] eKLR
- Kennedy Njuguna Mwangi v Collins Kiprono Bett & others [2018] eKLR
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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