In the ruling dated 6th May 2022, this court held that the purported attachment of the Objector’s motor vehicle was in violation of the statutory moratorium imposed by section 22(b) of the Fifth Schedule to the Insolvency Act, 2015. I directed the attached vehicles be released and the Plaintiff pay costs of the application. The Objector has now filed an application dated 17.06.2022 seeking to hold Martin Mwaniki t/a Anfield Auctioneers and the directors of Haki Traders in contempt for failing to comply with the court orders. In my view, both parties are agents of the Plaintiff and are liable for disobedience.
Their counsel, Mr Pala, informed the court that he wanted his clients to be paid their fees and storage charges and that provision should be made for them by the Objector before release of the vehicles. I disagree. The court found the attachment illegal and has already adjudicated on the issue. The auctioneer and the owner of the storage yard, the proposed interested parties, are agents of the Plaintiff and is to it that they must look for payment. In the circumstances, the application dated 17.05.2022 for proposed interested parties seeking to join the suit and to seek relief is dismissed.
At the hearing, Mr Pala undertook to this court to ensure that the vehicles released to the Objectors by the close of business today without any conditions. I take his word as an officer of the court. I therefore allow the Objector's application date 17.06.2022 on the following terms:
(a) If the motor vehicles are not released to the Objector/Applicant by the close of business today, 01.07.2022, orders are issued in terms of Prayers Nos. 6 and 7 of the application.
(b) In the event the orders are enforced, the costs shall be borne by Anfield Auctioneers and Haki Traders.
(c) The proposed interested parties’ application dated 17.05.2022 is dismissed.
DATED and DELIVERED at NAIROBI this 1st day of JULY 2022
D. S. MAJANJA
JUDGE