Gatoho & 9 others v Jumanne & another (Both Suing on Behalf of the Estate of Omar Juma Nakar (Deceased)) & 2 others (Civil Appeal E023 of 2025) [2026] KEHC 3817 (KLR) (18 March 2026) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3817
- Citation
- [2026] KEHC 3817 (KLR)
- Decided
- 18 March 2026
The court finds that the appellants successfully discharged their burden of proof and the objection proceedings are allowed. The ruling in the lower court is set aside, and the attachment of the motor vehicles is lifted.
Facts
The appellants filed objection proceedings to stop the respondents from attaching their motor vehicles, which were listed in a notice of motion. The trial court found that there were two applications with similar affidavits, and dismissed the objection application.
Issues
- Ownership of the motor vehicles
- Regulatory requirements for public service vehicle operators
Reasoning
The court re-evaluated the evidence and found that the appellants produced documentary evidence from the NTSA demonstrating their registration as owners of the motor vehicles listed in the objection application. The respondents were not entitled to attach property that did not belong to the judgment-debtor.
Outcome
Appeal allowed, ruling in the lower court set aside, attachment of motor vehicles lifted
Orders
- The ruling in the lower court is set aside
- The objection proceedings are allowed
- The attachment of the motor vehicles is lifted
Remedies
- The successful party is entitled to costs
- The appellants are entitled to the costs of this appeal and the costs of the objection proceedings in the subordinate court
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