Bakehouse Investment Ltd v Bake N Bite (Nairobi) Ltd & another; Antonio Lionetti (Objector/Applicant) [2020] KEHC 2817 (KLR)
- Court
- High Court of Kenya
- Case number
- 2817
- Citation
- [2020] KEHC 2817 (KLR)
- Decided
- 29 September 2020
The Court dismissed the Objector/Applicant's application as he failed to demonstrate ownership of the items listed in the Proclamation Notice.
Facts
The Plaintiff, Bakehouse Investment Ltd, sought summary judgment against the Defendants, BAKE N BITE (NAIROBI) LTD and SEIF MOHAMMED SEIF, for a principal sum of Kshs.27,267,520. The Objector/Applicant, Antonio Lionetti, objected to the attachment and sale of certain items listed in a Proclamation Notice.
Issues
- Ownership of the items listed in the Proclamation Notice
- Ownership of the Apartment No.5, Five Star 2 Estate
Reasoning
The Court considered the relevant law and the submissions of both parties. The Objector/Applicant did not provide documentary proof of ownership of the items and the Apartment. The Court found that a Tenancy Agreement alone is insufficient to prove ownership.
Outcome
The application was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21, laws of Kenya
- Order 22 Rule 51(1) of the Civil Procedure Rules 2010
Cases cited (3)
- DUBAI BANK (K) LTD –VS- COME-CONS AFRICA LTD & IMPAK HOLDINGS CO. LTD [2012] eKLR
- RUN C SHARMA –VS- ASHANA RAILUNDAGA t/a RAIKUNDALA & COMPANY ADVOCATES [2010]eKLR
- Asharaf A. Dadar Versus Kavoi Muinde (suing as personal representative of Boniface Kyalo Kavoi) (2016) eKLR
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