Kembi Gitura t/a Kembi Gitura & Company Advocates v Menno Travel Services Limited [2006] KEHC 2900 (KLR)

Facts

The plaintiff obtained a judgment against the defendant on June 24, 2004, and no payment has been made towards the decretal amount. An application for execution of the decree was filed on August 26, 2004, resulting in a Prohibitory Order attaching the defendant's shares in Menno Plaza Limited.

Issues

1. To order the sale of the defendant's shares in Menno Plaza Limited through a broker.
2. To direct the proceeds of sale to be paid directly to the decree-holder.
3. To prohibit the defendant from transferring its shares to any person except the purchaser or receiving payment of any dividend or interest.
4. To prohibit the transfer of the shares or making any payment to any person except the purchaser by the directors, Secretary, Registrar, or other officers of Menno Plaza Limited.
5. To execute the transfer or other instrument and all necessary documents in respect of the judgment debtor's shares to the purchaser.

Reasoning

The court found that the defendant had not made any payment towards the decretal amount since the judgment was obtained on June 24, 2004, and that the Prohibitory Order issued on August 26, 2004, was not complied with.

Outcome

Appeal upheld

Authorities cited