KEY POINTS:
- Businessman Kiprop Bundotich, has got a reprieve after an auctioneer was temporarily retrained from attaching its properties over a decree issued for Sh35.8 million.
- Justice Njoki Mwangi suspended the execution of a judgment, warrants of attachment and a proclamation notice restraining Makini Auctioneers from attaching Buzeki Enterprises Ltd property.
Businessman Kiprop Bundotich Buzeki, has got a reprieve after an auctioneer was temporarily retrained from attaching its properties over a decree issued for Sh35.8 million.
Justice Njoki Mwangi suspended the execution of a judgment, warrants of attachment and a proclamation notice restraining Makini Auctioneers from attaching Buzeki Enterprises Ltd property.
The order was issued pending hearing and determination of an application by the transport company, which is challenging the execution of the judgment from the Chief Magistrate’s court.
In its application, the firm also wanted the court to extend time and grant it permission to file an appeal out of time against the judgment and decree from the lower court.
Buzeki Enterprises said the principal amount, together with the compounded interest that Express Shipping & Logistics (EA) Ltd was seeking was beyond the jurisdiction of lower the court which is capped at Sh20 million.
“At the filing of the suit, it was clear in the face of pleadings filed that Express Shipping & Logistics (EA) Ltd was seeking the court to grant an award that was not consistent with the jurisdiction of the chief Magistrate’s court,” argued the transport company.
Buzeki Enterprises said that it brought the issue of lack of jurisdiction to the trial court at the earliest opportunity.
It argued that the conditional setting aside of the judgment amounted to a miscarriage of justice as it was anchored on proceedings from a court of incompetent jurisdiction.
Buzeki Enterprises said that it had raised five grounds of appeal in its memorandum of appeal arguing that the magistrate erred in law by entertaining and giving a conditional order setting aside the judgment without jurisdiction.
“The conditional order’s net effect was to drive the appellant away from the seat of justice,” it argued.
The court certified the application by Buzeki Enterprises urgent and directed that it be heard inter-parties today.
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