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Kenbox Industries Limited v Ramesh Shah [2019] KEHC 7741 (KLR)

[2019] KEHC 7741 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7741
Citation
[2019] KEHC 7741 (KLR)
Decided
16 May 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to review an order for attachment and sale of moveable goods of the DefendantCoramMARY KASANGO
Holding

The application is dismissed with no orders as to costs, and the Deputy Registrar is directed to assist the Court in tracing the original Court file.

Facts

The Plaintiff obtained a judgment against the Defendant in 2003 for Kshs. 25,175,000, Kshs. 2,258,888, and Kshs. 20,000 with interest. The Court file was missing at the Court Registry, and the Deputy Registrar ordered its reconstruction. The Defendant moved to review the order for attachment and sale.

Issues

  1. Whether the order for attachment and sale was made in error
  2. Whether the Defendant has sufficient cause for the review of the order

Reasoning

The application is not supported by the Deputy Registrar's ruling, and the Defendant has inordinate delay in dealing with the application.

Outcome

Defendant's application dismissed

Orders

  • Application dismissed with no orders as to costs
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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