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JudgmentODENY MAUBE & CO. ADVS VS MOLYN CREDIT LIMITED2 min read

ODENY MAUBE & CO. ADVS VS MOLYN CREDIT LIMITED

Environment and Land Court at Kisumu Environment and Land Court · · E. ASATI, J

The Notice of Motion dated 21st February, 2025 is expressed to be brought inter alia pursuant to the provisions of Order 22 Rule 35 of the Civil Procedure Rules which allows the court to make an order that the judgement-debtor be orally examined as to whether any or what debts are owing to and whether the judgement-debtor has any and what property or means of satisfying the decree and to order for the attendance and examination of such judgement-debtor or officer or other person and for the production of any books or documents.

Order 35(b) provides that in the case of a corporation, any officer thereof may be required to attend court.

The application seeks the attendance of the directors of the Respondent for purposes of the oral examination on oath and to produce the Respondent’s books of accounts and other documentary evidence as to whether the Respondent has any property or means of satisfying the decree in this case.

The grounds of the application are, inter alia that the Applicant’s attempts to execute the decree herein by way of attaching the Respondent’s movable property has been unsuccessful as the Respondent’s assets are unknown and that there is need to establish the Respondent’s means and assets to enable the Applicant establish the most efficient mode of execution.

The application is so far unopposed inspite of service being effected upon Counsel for the Respondent.

On the basis of submissions by Counsel for the Applicant, the grounds on the face of the application, the application is allowed in terms of prayer 1. Summons to issue to the Directors of the Respondent to attend court on 30th October, 2025 to be examined under oath as prayed in prayer 1 of the application.

Prayer 2 and 3 of the application to await the outcome of the attendance on 30th October, 2025.

Orders accordingly.

Ruling, dated and signed at Kisumu, read virtually this 30th Day of June, 2025 through Microsoft Teams Online Application.

E. ASATI,

JUDGE.

In the presence of:

Maureen - Court Assistant.

No appearance for the Applicant

No appearance for the Respondent

    ODENY MAUBE & CO. ADVS VS MOLYN CREDIT LIMITED ODENY MAUBE & CO. ADVS VS MOLYN CREDIT LIMITED