CAMBRIDGE UNIVERSAL COLLEGE LIMITED VS HASHAM LALJI PROPERTIES LTD AND SEDCO CONSULTANTS LIMITED AND 1 Others

RULING

1. The Application dated 06.03.2025 is seeking to stop the auction of the motor vehicle KCG 884Z Isuzu Bus by the auctioneer.
2. The Applicant’s argument is that the vehicle is not registered in the name of the Plaintiff.
3. On the other hand, the Defendants have stated that the Applicant/Objector is the sole director of the Plaintiff and the Guarantor to the Lease between the Plaintiff and the Defendant.
4. The court has confirmed through the Plaintiff counsel that this is the true position.
5. If this is the position, the Objector/Applicant has a duty based on the guarantee to meet the obligation of the Plaintiff in person.
6. Keeping in mind that the vehicle attached is the property of the Guarantor, the auctioneer is legally allowed to attach the same.
7. Consequently, the application dated 06.05.2025 is dismissed with costs.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Otwal for 1^st, 2^nd and 3^rd Defendants

Defendant: Ms. Chepkwony holding brief Mr. Nyamweya for the Objector

  Mr. Kipkirui for the Plaintiff