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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 Court of Appeal in Precast Portal Structures v Kenya Pencil Company Ltd & 2 Others [1993] eKLR laid down the seminal test on the burden of proof in objection proceedings.…

…Possession and control are critical indicators of legal interest in property for purposes of objection proceedings, and in this case, they weigh heavily in favor of the applicant. 8.…

…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.…

…Vide the said application, the Respondent/Applicant seeks the following orders:- (1) Spent; (2) Spent; (3) That this honourable court be pleased to enlarge the time for the Applicant to file the objection proceedings out…

…of time and the annexed objection proceedings herein be admitted out of time upon payment of the requisite Court fees and be deemed served to the Respondent; (4) That this honourable court be pleased to strike out these proceedings…

…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.…

…For determination is the application dated 27th October 2023, brought in the nature of objection proceedings.…

…The applicable threshold for objection proceedings is set out under Order 22 Rule 51(1) of the Civil Procedure Rules.…

…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.…

…On the objection proceedings, as the execution process is in motion, I grant the Respondent 5 days of today to file and serve a reply thereto upon which the applicant will have 5 days of date of service to file and serve…

…The objection proceedings shall be orally canvassed on 17/2/2025. 12. The interim stay of execution subject of the objection proceedings only is extended until then, 17/2/2025. 13. I so order.…

…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 is on the objector to establish ownership see CHATABHAI M.…

…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…