Tamil Enterprises Limited v Official Receiver & Liquidator of Continental Credit Finance Ltd & another [2018] KEHC 1869 (KLR)
- Court
- High Court of Kenya
- Case number
- 1869
- Citation
- [2018] KEHC 1869 (KLR)
The Plaintiff/Applicant's application is dismissed with costs, and the 1st Defendant/Applicant's cross-Notice of motion is allowed with the specified remedies.
Facts
The Plaintiff/Applicant sought to review a judgment of Honourable Mr. Justice J.B. Havelock, delivered on 31st July 2014, allowing the Applicant to execute its judgment and Decree dated 20th April 2001, which was partially settled by the 1st Defendant/Respondent.
Issues
- Whether the Applicant's application meets the threshold for granting orders sought?
- Whether the cross-Notice of motion is meritorious and whether orders sought can be granted?
Reasoning
The court found that the Plaintiff/Applicant has no judgment capable of execution due to the suit being declared null and void ab initio, and the impugned judgment is illegal.
Outcome
The Plaintiff/Applicant's suit is dismissed with costs, and the 1st Defendant/Applicant's cross-Notice of motion is allowed with the specified remedies.
Orders
- The Plaintiff/Applicant's suit against the 1st Defendant/Applicant is dismissed in its entirety with costs.
- The Plaintiff/Applicant's suit herein as against the 1st Defendant/Applicant is declared null and void ab initio.
- All judgments, consequential orders, and decrees are illegal, null and void ab initio and are nullified and set aside.
- The sum of Kshs. 8,558,942/40 paid by the 1st Defendant/Applicant to the Plaintiff/Respondent is refunded with interest.
- The Plaintiff/Respondent is permanently restrained from soliciting from or executing against the 1st Defendant/Applicant for any moneys under the suit.
- The 1st Defendant/Applicant is set at liberty to apply for any other or further orders as may be necessary against the Plaintiff/Respondent for enforcement of the foregoing orders in the interest of justice.
- Costs of the suit and the application to the 1st Defendant/Applicant.
Remedies
- Refund of Kshs. 8,558,942/40 with interest.
- Permanent restraint from soliciting or executing against the 1st Defendant/Applicant.
- Set at liberty to apply for further orders against the Plaintiff/Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Companies Act (chapter 486) Laws of Kenya (now repealed)
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