RIFT VALLEY RAILWAYS LIMITED v GARISSA PARCEL SERVICES LIMITED & Another [2012] KEHC 1950 (KLR)
- Court
- High Court of Kenya
- Case number
- 1950
- Citation
- [2012] KEHC 1950 (KLR)
- Decided
- 9 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an ex parte interlocutory default judgmentCoramG V ODUNGA
Holding
The ex parte interlocutory default judgment against the 1st defendant is set aside, and the 1st defendant's motor vehicle registration number KBN 429F Mitsubishi Truck is released from attachment.
Facts
The 1st defendant's motor vehicle was seized by Messrs Gladsom Auctioneers on 5th July 2012 in execution of an ex parte interlocutory default judgment. The 1st defendant seeks to have the judgment set aside and the seized vehicle released.
Issues
- The ex parte interlocutory default judgment against the 1st defendant is set aside.
- The 1st defendant's motor vehicle registration number KBN 429F Mitsubishi Truck is released from attachment.
Reasoning
The application is urgent and the procedure for attachment was not followed.
Outcome
Appeal successful
Orders
- Set aside the ex parte interlocutory default judgment against the 1st defendant
- Release the 1st defendant's motor vehicle registration number KBN 429F Mitsubishi Truck from attachment
Remedies
- Set aside the ex parte interlocutory default judgment
- Release the 1st defendant's motor vehicle registration number KBN 429F Mitsubishi Truck from attachment
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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