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…According to Order 51 Rule (2) of the Civil Procedure Rules, the notice of objection to attachment of property is to be accompanied by an application supported by an affidavit setting out, among other things, the nature of…

…It submitted that Order 22 Rule 48 (1) does not bar an attachment of an immovable property which is charged or mortgaged. 15.…

…of such property. 20.…

…The court be pleased to grant orders of stay of the proceedings and all such other decrees in the matter herein and hence suspend the warrant of attachment of the property imposed on the respondent/applicant on the basis…

…The application has grounds on the face of the Notice of Motion that the taxation and subsequent attachment of property of the applicant was highly questionable and needs to be ventilated afresh.…

…of property. c.…

…attachment of movable property in execution of decree for money-Form Civil 7D. 4.…

…The application is supported by the affidavit of Thomas Muindu Lili to the effect that he was served with copy of warrant of sale of property in execution of a decree and a warrant of attachment of movable property dated…

…without consent but for sufficient cause shown, order the payment of the amount decreed be paid by installments or the payment be postponed and if payment by installments, the court shall lay out the terms on interest, on the attachment…

…It is not in dispute that Order 22 Rule 51 of the Civil Procedure Rules provides for objection to attachment of property as follows: (1) Any person claiming to be entitled to or to have a legal or equitable interest in the…

…of such property. (2) Such notice shall be accompanied by an application supported by affidavit and shall set out in brief the nature of the claim which such objector or person makes to the whole or portion of the property…

…The Applicant had filed a notice of objection and motion in the nature of the objector proceedings seeking to set aside a proclamation and or attachment of property in the lower court.…

…The Applicant had filed a notice of objection and motion in the nature of the objector proceedings seeking to set aside a proclamation and or attachment of property in the lower court.…

…. “---------- is to pre sent the decree that may be passed from being rendered Infructual the Order that certificate by this rule is not an incidental one directing attachment of property but one calling upon the defendant…

…of a defendant’s property before judgement because as the court of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability…

…The Objector rightly relies on inter alia Order 22 Rule 51 of the Civil Procedure Rules which provides for objection to attachment of property as follows:- Any person claiming to be entitled to or to have a legal or equitable…

…of such property.…

…It was stated by the petitioner that it issued the respondent with a notice of intention to execute the decree dated 7th July, 2021 but the said notice elicited no response, hence it applied for warrants of attachment of…

…property in execution of the decree, but the said warrants were returned by the Auctioneers unsatisfied.…

…Notably, the law does not permit the usual methods of execution, such as attachment of property or seizure of assets.…

…Notably, the law does not permit the usual methods of execution, such as attachment of property or seizure of assets.…

…It was submitted that the objector failed to issue a notice in writing to the court and all parties of her intention to object to attachment of property and thus the decree holder herein did not have the basis to file a Notice…

…of such property. (2) Such notice shall be accompanied by an application supported by affidavit and shall set out in brief the nature of the claim which such objector or person makes to the whole or portion of the property…

…of property. 5.…

…Order 22 Rule 51 of the Rules provides for objection to attachment of property as follows: (1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole of or part of any property attached…

…the benefit of a return of service showing and/or indicating how service was effected and the judgment therein ought not to have been entered. 2) The learned trial magistrate erred in law and fact by endorsing warrants of…

…attachment of property issued to Bealine Auctioneers contrary to the procedural guidelines of Order 22 Rule 6 of the Civil Procedure Rules as applies to exparte/default judgment as the case was. 3) That the learned trial…

…Notably, the law does not permit the usual methods of execution, such as attachment of property or seizure of assets.…

…The Court is mindful that execution against the Applicants could involve attachment of property or garnishment of accounts, which would cause substantial hardship and potentially defeat the appeal if successful.…

…It was further submitted that the attachment of property, including public assets, was irregular, unlawful, and contrary to public policy, particularly where execution was premised on a decree already satisfied. 13.…

…It was argued that attachment of movable property is a lawful mode of execution under the Civil Procedure Rules, and that the Appellant neither obtained a stay nor demonstrated that the decree had been satisfied.…