K-REP BANK LTD V BASILIO PASCAL KISELI & 2 OTHERS [2012] KEHC 1905 (KLR)
- Court
- High Court of Kenya
- Case number
- 1905
- Citation
- [2012] KEHC 1905 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside attachment of goods in execution of a decreeCoramJ.M MUTAVA
Holding
The application is allowed with costs to the Applicant. The goods should be released to the Objector.
Facts
The plaintiff, K-REP Bank Ltd, seeks to set aside the attachment of goods belonging to Attic Enterprises Ltd, the Objector, in execution of a decree. Attic Enterprises Ltd is owned by Irene Mbinya Kioko and Basilio Pascal Kiseli as equal shareholders.
Issues
- Whether the Objector has proved to the Court that it has a legal and equitable interest over the goods proclaimed.
- Whether the goods proclaimed are chattels under Cap. 28 and require registration.
Reasoning
The Court finds that the Objector has not proved a legal or equitable interest in the goods. The goods are chattels under Cap. 28 and require registration, which the Objector has not provided.
Outcome
Application allowed with costs to the Applicant
Orders
- Attachment of the Objector’s goods in execution of the Decree be set aside/lifted or raised.
Remedies
- Goods should be released to the Objector.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Cap. 28
Cases cited (1)
- AKIBA BANK LTD VS JETHA & SONS LTD (2005) 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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