Naivas Limited v Newton Nyoro Mukuha t/a Greenmart Stores & Greenmart Stores Limited [2014] KEHC 8733 (KLR)
- Court
- High Court of Kenya
- Case number
- 8733
- Citation
- [2014] KEHC 8733 (KLR)
- Decided
- 17 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureObjector applied for a stay of executionCoramKoome, Warsame
Holding
The court declines the Objector's application and finds that the attachment was proper because the goods were found at the premises where the Judgment Debtor carried on business.
Facts
Greenmart Stores Limited was incorporated on 24th April 2009 and opened a supermarket at Kayole. Naivas Limited obtained a judgment against Newton Nyoro Mukuha t/a Greenmart Stores, and attached goods from the supermarket.
Issues
- Whether Greenmart Stores Limited is a separate legal entity from Newton Nyoro Mukuha t/a Greenmart Stores
- Whether the attachment of goods was proper
Reasoning
The court found that the defendant was closely associated with the plaintiff and that the plaintiff was a 'Family Business' fraudulently incorporated. The court dismissed the Objector's application.
Outcome
Application dismissed
Orders
- Objector pays costs of the application to the plaintiff
Authorities cited
Cases cited (1)
- MIEMA ENTERPRISES LIMITED VS NJOKA TANNERS LIMITED
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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