Akiko v Mjengo Limited (Cause E1462 of 2017) [2025] KEELRC 3530 (KLR) (10 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3530
- Citation
- [2025] KEELRC 3530 (KLR)
- Decided
- 10 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication for Interlocutory ReliefPostureRespondent's Application for Interlocutory ReliefCoramJW KELI
Holding
The respondent's attachment was irregular and the claimant is to bear the costs of the attachment.
Facts
Claimant obtained a judgment in favor of Kshs 106,311.70 against Respondent. Respondent paid the judgment sum through their advocates but the claimant's auctioneers attached the goods. Respondent claims the attachment was irregular.
Issues
- Irregularity of attachment
- Unjust enrichment
- Costs of attachment
Reasoning
The court found that the respondent had already paid the judgment sum through their advocates and the claimant's auctioneers attached the goods in violation of the respondent's instructions.
Outcome
The respondent's application was granted.
Orders
- All of the respondent’s assets/motor vehicles or any goods attached pursuant to the warrants of attachment or execution issued in this matter on 29th August 2025 and the notice of proclamation and attachment issued on 4th September 2024 by BEMAC Auctioneers be released to the respondent unconditionally.
- An injunction be issued restraining the claimant, his agents or any person acting on his instructions from executing the decree issued by this court in this matter.
- The warrants of attachment or execution issued in this matter on 29th August 2025 and the proclamation and attachment issued on 4th September 2024 by BEMAC Auctioneers be declared irregular, null and void and the execution/attachment orders be set aside.
- The claimant to bear the costs of the auctioneers arising from attachment or execution issued in this matter on 29th August 2025 and the proclamation and attachment issued on 4th September 2024 by BEMAC Auctioneers.
- The costs of this application be awarded to the respondent.
Remedies
- Release of respondent's assets
- Injunction against claimant
- Set aside of attachment orders
- Claimant to bear auctioneer's costs
- Award of costs to respondent
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rules 2024
- Civil Procedure Rules, 2010
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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