Chatthe v Somaia (Civil Suit 10 of 2020) [2022] KEHC 14172 (KLR) (24 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14172
- Citation
- [2022] KEHC 14172 (KLR)
- Decided
- 24 October 2022
Summary at a glance
TypeCivil SuitPostureAppeal from the original trial outcomeCoramJN KAMAU
The Plaintiff's Notice of Motion was not merited and was dismissed with costs.
Facts
The Plaintiff, Ragbir Singh Chatthe, sought judgment against the Defendant, Rajnikant Karsandas Somaia, for Kshs 90,398,787.53, costs, and interest. The Defendant claimed to have no assets and denied the Plaintiff's claims.
Issues
- Whether the Plaintiff's Notice of Motion was merited
- Whether the court should grant an attachment before judgment
Reasoning
The court found that the Plaintiff had not demonstrated an arguable case or a real risk of dissipation of assets, and thus the application for attachment before judgment was not warranted.
Outcome
Appeal dismissed with costs to the Defendant
Orders
- Plaintiff to file and serve witness statements by specific dates
- Defendant to file and serve witness statements by a specific date
- Matter to be mentioned for compliance and further orders
Remedies
- Costs to the Defendant
Authorities cited
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