RULING
I have seen the Originating Motion dated 29th July 2024 which is brought under a Certificate of Urgency of even date. Having considered the grounds for the Originating Motion and the Supporting Affidavit of Zacharia Lekishon sworn on 29th July, 2024. I am satisfied that there are reasonable grounds to grant a preservation order in regards to motor vehicles KDE 868N Xtrail and motor vehicle KDG 654W, Mazda Demio and the Respondents are hereby restrained from selling, transferring or disposing or having any dealings with the two vehicles whether by themselves, their agents or representatives.
It is however not clear whether in the body if the Originating Motion, or the grounds on its face thereof or even the Supporting Affidavit as to how motor vehicles KDJ 814A, Mazda Demio and KDH 560Q Mazda Demio are related to the unlawful conduct attributed to the Respondents.
Accordingly, this court declines to issue preservation order in respect to KDH814A and KDH560Q.
The preservation order granted in respect to Motor Vehicle KDE 868N and KDG 654W shall be for a period of ninety (90) days. The order to be served upon the Respondents within 21 days.
Order accordingly.
Sgd
E. N. Maina (J)
30/7/2024
I have seen the Originating Motion dated 29th July 2024 which is brought under a Certificate of Urgency of even date. Having considered the grounds for the Originating Motion and the Supporting Affidavit of Zacharia Lekishon sworn on 29th July, 2024. I am satisfied that there are reasonable grounds to grant a preservation order in regards to motor vehicles KDE 868N Xtrail and motor vehicle KDG 654W, Mazda Demio and the Respondents are hereby restrained from selling, transferring or disposing or having any dealings with the two vehicles whether by themselves, their agents or representatives.
It is however not clear whether in the body if the Originating Motion, or the grounds on its face thereof or even the Supporting Affidavit as to how motor vehicles KDJ 814A, Mazda Demio and KDH 560Q Mazda Demio are related to the unlawful conduct attributed to the Respondents.
Accordingly, this court declines to issue preservation order in respect to KDH814A and KDH560Q.
The preservation order granted in respect to Motor Vehicle KDE 868N and KDG 654W shall be for a period of ninety (90) days. The order to be served upon the Respondents within 21 days.
Order accordingly.
Sgd
E. N. Maina (J)
30/7/2024