Gatahi v Simba Fresh Produce Limited (Cause 482 of 2020) [2025] KEELRC 3485 (KLR) (1 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3485
- Citation
- [2025] KEELRC 3485 (KLR)
- Decided
- 1 December 2025
Summary at a glance
TypeSet Aside Warrants of AttachmentPostureRespondent/Applicant seeks to set aside warrants of attachment issued to Moran AuctioneersCoramSC RUTTO
The Court finds the decree is less than one year old and the goods do not belong to the Applicant. The decretal sum was not settled.
Facts
Moran Auctioneers issued a proclamation notice to Gatahi, claiming Kshs. 220,000 in auctioneers' fees and Kshs. 1,983,372.55 as a decretal sum. Gatahi claims the decretal sum was already paid to his advocates in 2023.
Issues
- Whether the decree sought to be executed is more than one year old
- Whether the goods listed in the schedule of movable property in the proclamation notice belong to the Applicant
- Whether the Applicant has settled the decretal amount
Reasoning
The Court determines the decree is less than one year old and the goods do not belong to the Applicant. The decretal sum was not settled.
Outcome
The Application is dismissed. The Warrants of Attachment and proclamation notice are set aside.
Orders
- The Warrants of Attachment and proclamation notice are set aside
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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