Mutuah v Tracom Services Ltd (Cause E767 of 2021) [2026] KEELRC 105 (KLR) (27 January 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 105
- Citation
- [2026] KEELRC 105 (KLR)
- Decided
- 27 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMotion to Stay Execution and for Leave to AppearPostureRespondent's Motion to Stay Execution and for Leave to AppearCoramRADIDO STEPHEN, MCIARB, JUDGE
Holding
The Motion is dismissed with costs to the Claimant
Facts
Respondent sought orders to stay execution of a warrant of attachment and to vacate the proclamation of attachment of goods, claiming the goods were tools of trade exempt from attachment.
Issues
- Whether the Court has jurisdiction to entertain the Respondent's Motion
- Whether the goods attached are tools of trade exempt from attachment
Reasoning
The Court found the Motion without merit, dismissing it. The Respondent's claim that the attached goods were tools of trade was not supported by evidence, and the Respondent delayed raising the objection.
Outcome
Dismissed
Orders
- Leave granted to the firm of AL & C Partners Advocates LLP to come on record for the Respondent post-judgment
- The attachment of the movable property proclaimed by Betabase Auctioneers on the 4th July 2024 be vacated and set aside
- The costs of this Application be borne by the Respondent
Authorities cited
Cases cited (5)
- Invesco Assurance Co Ltd v Kinyanjui Njuguna & Co. Advocates & Ar (2020) KEHC 4103 (KLR)
- Blackwood Hodge (Kenya) Ltd v Lead Gasoline Tank Cleaning Sam and Chase (K) Ltd (1986) KLR 749
- Master Fabricators Limited v Patrick Omondi Ndonga (2014) eKLR
- Voi Posho Mill v Kenya Sisal (1962) EA 647
- Bora Capital Limited v Jane Njeri Munyi (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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