The Objector has moved the court by the application dated 02.05.2023 under Order 22 rule 51 of the Civil Procedure Rules. It objects to the attachment of the property known as LR No. 4273/129 (Original 4275/64) on the ground that it has a charge over the Judgment Debtors property that has not been registered. In this case therefore there is no registrable interest that bind or acts as notice to a third party dealing with the property and the Judgment Debtor would have been entitled to dispose of the property.
On the other hand, the Judgement Creditor concedes that the prohibitory order has not been registered hence the attachment in incomplete in terms of Order 22 rule 48 of the Civil Procedure Rules. For attachment over moveable property to be complete, the prohibitory order must be registered against the property to be attached. The application dated 02.05.2023 is therefore premature and is accordingly struck out with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th day of MAY 2023
D. S. MAJANJA
JUDGE