Peter Wanyoike Mburu & Another v Respondent (Judgment Debtor) - Prohibitory Orders over Title Nos. Nyandarua/Karima/6679 and 6680
The bottom line
#A Kenyan court blocked a judgment debtor from selling two Nyandarua properties, ruling you cannot challenge a court order during debt enforcement—do it in the right forum.
What this practically means
#Executive summary
#Key legal issues
#Whether a judgment debtor can resist attachment and prohibitory orders by contesting the underlying decree in execution proceedings
No; objections to the computation and merits of a decree must be raised in the court that issued the decree, not by the executing court
The court found the Respondent was attempting to challenge the succession court's decree 'through the backdoor' by arguing the joint-venture loss point and contesting the computation. The executing court held it lacked jurisdiction to review the succession court's decision, and since the decree remained unsatisfied and unvaried, the prohibitory order was merited.
Whether unqualified attachment extends to all attachable assets
Yes; absent any qualification in the decree, all attachable assets may be sold to satisfy the decretal amount
The Respondent contended the decree did not specify which assets could be sold. The court rejected this, reasoning that an unqualified decree permits attachment of any attachable assets. The Respondent's complaint about accounting for prior sale proceeds was directed to the bailiffs, and the computation challenge belonged in the succession cause.
Legal principles established
#- An executing court has no jurisdiction to review or go into the merits of the decree it is executing; a judgment debtor must challenge the decree in the right forum
- If a decree does not qualify which assets may be attached, all attachable assets may lawfully be sold to satisfy it
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.A prohibitory order issued preventing any dealings with Title Nos. Nyandarua/Kirima/6679 and 6680 pending their sale to satisfy the decree in Nairobi High Court Succession Cause No. 64 of 2010, or until further orders of the court
- 2.Applicants awarded costs of the originating summons
- Jurisdiction invoked
- Decree-holder enforcement application under the Civil Procedure Act (Cap. 21); decree issued in Nairobi High Court Succession Cause No. 64 of 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Wanyoike Mburu & Another v Respondent (Judgment Debtor) - Prohibitory Orders over Title Nos. Nyandarua/Karima/6679 and 6680", Case Analysis (2024). Originating Summons dated 24.01.2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4495/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.