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…The trial magistrate as a trier of facts considered the evidence and came to the conclusion that the objection proceedings were made late in the day as the subject motor vehicle had been sold.…

…Such third parties are not part of the objection proceedings and any decision made will obviously affect their interest, albeit without according them a chance to be heard.…

…The trial magistrate as a trier of facts considered the evidence and came to the conclusion that the objection proceedings were made late in the day as the subject motor vehicle had been sold.…

…Such third parties are not part of the objection proceedings and any decision made will obviously affect their interest, albeit without according them a chance to be heard.…

…The present appeal arose from objection proceedings commenced by the Appellant following attachment in execution of the decree issued in Kisumu CMCC No. 366 of 2016.…

…This is an appeal against a ruling on objection proceedings filed in the lower court.…

…The trial magistrate as a trier of facts considered the evidence and came to the conclusion that the objection proceedings were made late in the day as the subject motor vehicle had been sold.…

…Such third parties are not part of the objection proceedings and any decision made will obviously affect their interest, albeit without according them a chance to be heard.…

…The trial magistrate as a trier of facts considered the evidence and came to the conclusion that the objection proceedings were made late in the day as the subject motor vehicle had been sold.…

…Such third parties are not part of the objection proceedings and any decision made will obviously affect their interest, albeit without according them a chance to be heard.…

…Whether the objection proceedings were sustainable. The trial court proceeded to dismiss the objection proceedings thus giving rise to this appeal.…

…According to him, the trial court erred in holding that the appellant could not file objection proceedings against a deceased administrator or his personal representative.…

…That the learned trial Magistrate erred in law and in law and in fact by failing to appreciate the law on objection proceedings.…

…Ltd, Odunga J Stated: “Although the law is that in the objection proceedings the court does not and cannot make a finding as to the ownership of the property subject of the objection proceedings but simply decide whether…

…According to the Appellant, the objection proceedings that culminated in the ruling of 12th March 2026 were belated and amounted to an afterthought.…

…He further argues that the validity of the objection proceedings and the resultant ruling are matters that merit interrogation on appeal.…

…Before this court are objection proceedings by way of two separate Notices of Motion dated 24th April 2025 and 28th April 2025. 2.…

…proceedings by way of written submissions. 5.…

…The Appellant's case is that it was only upon being served with the said small claims suit that he became aware, for the first time, of the existence of the objection proceedings and of the ruling delivered on 11th April…

…The learned trial magistrate held that objection proceedings are governed by Order 22 Rule 51(1) of the Civil Procedure Rules , traced the chronology of the objection application culminating in the ruling of 11th April 2024…

…In relation to the appeal arising from the objection proceedings, the court found that the attachment of motor vehicle KBH 719P was unlawful.…

…Accordingly, this court finds no error in the trial court's decision allowing the objection proceedings and ordering release of the motor vehicle.…

…In relation to the appeal arising from the objection proceedings, the court found that the attachment of motor vehicle KBH 719P was unlawful.…

…Accordingly, this court finds no error in the trial court's decision allowing the objection proceedings and ordering release of the motor vehicle.…

…Come- Cons Africa Ltd and Impak Holdings Co Ltd (2012) eKLR the court correctly expressed itself thus: “Although the law is that in the objection proceedings the court does not and cannot make a finding as to the ownership…

…of the property the subject of the objection proceedings, but simply decide whether or not the objector has interest legal or equitable in the attached property, it is equally true that the onus of proof in objection proceedings…

…proceedings would not have been necessary. 7.…

…Stated as follows: “Although the law is that in the objection proceedings, the court does not and cannot make a finding as to the ownership of the property the subject of the objection proceedings but simply decide whether…

…THAT the Learned Trial Magistrate erred in both law and fact when she failed to find that the objection proceedings did not comply with the Provisions of Order 22 Rule 51 of the Civil Procedure (Amendment) Rules 2020. c.…

…THAT the objection proceedings were conducted contrary to the law and procedure governing objection proceedings thereby occasioning a miscarriage of justice. h.…

…proceedings g) The learned trial magistrate erred in law and in fact by failing to find and hold that there was no evidence of a long cohabitation, having children together or joint properties between the deceased and the…

…proceedings. i) The learned trial magistrate erred in law and in fact by failing to find and hold that the appellant had proved to have been a stepchild of the deceased and thus a dependant for the purposes of the Act. j…

…proceedings pursuant to Order 22 Rule 51 of the Civil Procedure Rules.…

…On the contrary, the Respondent has placed before the Court a further affidavit confirming that the registered owner of the vehicle has instituted objection proceedings pursuant to Order 22 Rule 51 of the Civil Procedure…

…It was argued that the provision permits objection proceedings only before paying out of the proceeds of sale and that, by the time the Respondent filed the objector application, the attached motor vehicle had already been…

…Objection proceedings are provided for under Order 22, rule 51 of Civil Procedure Rules which states: - “Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property…

…proceedings pursuant to Order 22 Rule 51 of the Civil Procedure Rules.…

…On the contrary, the Respondent has placed before the Court a further affidavit confirming that the registered owner of the vehicle has instituted objection proceedings pursuant to Order 22 Rule 51 of the Civil Procedure…