Cabro East Africa Limited v Rosoga Investments Limited [2020] KEHC 4368 (KLR)
- Court
- High Court of Kenya
- Case number
- 4368
- Citation
- [2020] KEHC 4368 (KLR)
- Decided
- 13 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramMumbua T. Matheka
Holding
The warrants of attachment are cancelled and the defendant is ordered to give credit for the sums already paid. The application for review is denied.
Facts
The plaintiff, Cabro East Africa Limited, sought orders to cancel warrants of attachment issued against the defendant, Rosoga Investments Limited, and to review the instalments payable by the defendant. The plaintiff claimed that the defendant had paid Kshs. 4,700,000 and the warrants were for the balance of Kshs. 6,222,300.
Issues
- Cancellation of warrants of attachment
- Review of instalments payable
Reasoning
The court found that the defendant had paid Kshs. 4,700,000 and the warrants were for the balance of Kshs. 6,222,300. The court also found that the applicant had not established sufficient cause for review.
Outcome
The application is partly successful.
Orders
- Cancellation of warrants of attachment
- Credit for sums already paid
Remedies
- Credit for sums already paid
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Freight Forwarders Limited vs Elsek & Elsek (k) Limited [2012] eKLR
- Francis Njoroge v Stephen Maina Kamore [2018] eKLR
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.
Loading judgment…