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GERPAS ODUOR OYUGI vs PEUM ENTERPRISES , PHILIP OTIENO [2004] KEHC 1940 (KLR)

[2004] KEHC 1940 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1940
Citation
[2004] KEHC 1940 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an ex-parte judgmentCoramJOYCE KHAMINWA, Mr. Asige
Holding

The objections to the attachment of assets are dismissed

Facts

The Plaintiff, GERPAS ODUOR OYUGI, sought to prevent the attachment of assets belonging to UWE CYGAN, a director and shareholder of the 1st Defendant, PEUM ENTERPRISES. The assets were allegedly threatened to be attached in Case No.453/01.

Issues

  1. The validity of the ex-parte judgment
  2. The attachment of assets not belonging to the Defendants or decree-holders

Reasoning

The court finds no merit in the preliminary objections and dismisses them. The attached assets are not belonging to the Defendants or decree-holders, and the judgment has been set aside.

Outcome

Appeal dismissed

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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