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Jerome v Hacienda Development Holdings (Cause 130 of 2013) [2014] KEIC 82 (KLR) (5 December 2014) (Ruling)

[2014] KEIC 82 (KLR) Industrial Court
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Court
Industrial Court
Case number
82
Citation
[2014] KEIC 82 (KLR)
Decided
5 December 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to lift warrant of attachment and vacate prohibitory orderCoramO. N. MAKAU
Holding

Objector's motion has merits and must succeed

Facts

Objector claims ownership of property title LR 10279/11/MN, but claimant admits it belongs to Objector. Objector produced title certificate, while claimant exhibited same certificate dated December 2006.

Issues

  1. Whether Objector's motion has merits
  2. Whether orders sought should issue

Reasoning

Claimant admitted property belongs to Objector, and Objector's title certificate was registered in her favour. Respondent lacked attachable interest in property.

Outcome

Objector's motion allowed, warrant of attachment and prohibitory order vacated

Orders

  • Warrant of attachment and sale of LR No. 10279/11/MN lifted
  • Prohibitory order against property title on 28/8/2014 vacated

Remedies

  • Claimant to bear costs
  • Objector to bear 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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