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ELRCDismissedCause No 12 of 2020· [2024] KEELRC 2310 (KLR)

Ogechi v LTI Kisii Safari Inns t/a Kaskazi Beach Hotel; Kisii Safari Inns Limited (Objector) (Cause 12 of 2020) [2024] KEELRC 2310 (KLR)

Employment and Labour Relations Court
26 September 2024
1,384 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Employment and Labour Relations Court at Mombasa, delivered by Agnes Kitiku Nzei, Judge, on 26th September 2024, determines a Notice of Motion dated 20th May 2024 presented by Kisii Safari Inns Limited as a purported "Objector" under Order 22 Rule 52 of the Civil Procedure Rules, seeking a notice of objection to attachment of proclaimed goods in execution of a decree, with costs. The application was supported by an affidavit of Dr. Charles G. Otara deponing that the objector was the legal owner of the proclaimed goods, was unaware of the execution until auctioneers attended, and would suffer irreparable loss. The Claimant/Decree Holder opposed, asserting perjury and falsehoods, and relying on the court's ruling of 22nd February 2024, a certificate of change of name, a CR-12 Form, and the Court of Appeal decision in LTI Kisii Safari Inns Ltd & 2 Others v Deutsche Investitions-und Entwicklungsgesellschaft [2011] eKLR, all showing that Kisii Safari Inns Limited and LTI Kisii Safari Inns Limited are one and the same company and that Dr. Otara is a director who has participated throughout the proceedings. The court held that the judgment debtor and the purported objector are one and the same entity, and that the claim of ignorance of the proceedings was a false statement on oath. The objector proceedings could not stand the test of law, and the application was dismissed with costs, the court declaring that litigation must come to an end.

Key legal issues

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01

Whether Kisii Safari Inns Limited could bring objector proceedings distinct from the judgment debtor

Holding

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

Reasoning

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.

p. 3
02

Procedural requirements for an objection under Order 22 Rules 51 and 52

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The application dated 20th May 2024 is dismissed with costs
  2. 2.Litigation herein must come to an end

Authorities

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Legislation

  • Civil Procedure RulesOrder 22 Rule 51
  • Civil Procedure RulesOrder 22 Rule 52

Cases cited (1)

  • LTI Kisii Safari Inns Ltd & 2 Others -vs- Deutsche Investitions-und Enwickbungsgalshaft ('Deg') & Others
    [2011] eKLR
Jurisdiction invoked
Order 22 Rules 51 and 52 of the Civil Procedure Rules (objection to attachment in execution of decree)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.