Beta Healthcare International Ltd v Stephen Mukita t/a Musteky Enterprises [2015] KEHC 8401 (KLR)
- Court
- High Court of Kenya
- Case number
- 8401
- Citation
- [2015] KEHC 8401 (KLR)
- Decided
- 17 November 2015
The court found that the plaintiff failed to specify the property that should be attached, and thus, the court could not grant orders for the attachment of unspecified property.
Facts
The plaintiff, BETA HEALTHCARE INTERNATIONAL LIMITED, filed an application for warrants of attachment, tracing, and identification of the defendant's property, and for an account and delivery of proceeds from the sale of goods worth Kshs. 42,271,684.22. The defendant filed an application for a stay of the order requiring him to provide a Banker's Guarantee.
Issues
- Attachment of unspecified property
- Security for the sum of Kshs. 42,271,684.22
- Temporary injunction to restrain the defendant from selling or transferring shares, equity, property, and bank accounts
Reasoning
The court ruled that the plaintiff's application was defective because it did not specify the property to be attached, and therefore, the court could not grant the requested orders.
Outcome
The court denied the plaintiff's application for warrants of attachment, tracing, and identification of the defendant's property, and for an account and delivery of proceeds from the sale of goods.
Orders
- Order for the defendant to deposit a Banker's Guarantee
- Stay of the Order requiring the defendant to provide a Banker's Guarantee
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Loading judgment…