Ogechi v LTI Kisii Safari Inns t/a Kaskazi Beach Hotel; Kisii Safari Inns Limited (Objector) (Cause 12 of 2020) [2024] KEELRC 2310 (KLR)
The bottom line
#A Kenyan court dismissed a company's attempt to block seizure of its property by pretending to be a different company, warning that lying on oath can be a crime.
What this practically means
#Executive summary
#Key legal issues
#Whether Kisii Safari Inns Limited could bring objector proceedings distinct from the judgment debtor
The application was dismissed because the objector and the judgment debtor are one and the same company, merely renamed from LTI Kisii Safari Inns Limited, and the affidavit supporting the objection contained false statements on oath
The court recalled its ruling of 22nd February 2024 finding that a certificate of change of name showed the two names referred to one company, that no certificates of incorporation of two separate companies were exhibited, and that the garnishee bank account was in the changed name. The deponent, a director who had sworn prior affidavits for the judgment debtor, falsely claimed ignorance of the proceedings. The court held the objector proceedings untenable and dismissed the motion with costs, noting litigation must come to an end.
Procedural requirements for an objection under Order 22 Rules 51 and 52
Although the application was not accompanied by the notice of objection contemplated in Order 22 Rule 51 and sought no specific orders, the court nonetheless exercised its discretion under Rule 52 to grant interim stay before determining the merits
The court noted the application was presented under a certificate of urgency without the statutory notice of objection and without seeking specific orders, yet still entertained it and granted interim stay of execution under Rule 52. On the merits, however, the objection failed because the objector was not a third party entitled to a legal or equitable interest distinct from the judgment debtor.
Legal principles established
#- Objector proceedings under Order 22 Rule 51 cannot be maintained by a person or entity that is identical to the judgment debtor; such proceedings cannot stand the test of law
- A false statement on oath by a litigant is transgrecious and unethical and bears criminal culpability
Court orders
#- 1.The application dated 20th May 2024 is dismissed with costs
- 2.Litigation herein must come to an end
- Jurisdiction invoked
- Order 22 Rules 51 and 52 of the Civil Procedure Rules (objection to attachment in execution of decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogechi v LTI Kisii Safari Inns t/a Kaskazi Beach Hotel; Kisii Safari Inns Limited (Objector) (Cause 12 of 2020) [2024] KEELRC 2310 (KLR)", Case Analysis (2024). Cause No 12 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2310/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.