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ELRCPartially AllowedStatement of Claim dated 20th June 2022; Objector's application dated 6th March 2025· [2025] KEELRC 2979 (KLR)

Mohammed v Jetlite Air Limited; Advantage Air Travel Limited (Objector) (Cause E429 of 2022) [2025] KEELRC 2979 (KLR)

Employment and Labour Relations Court
30 October 2025
BMB. O. M. Manani
3,249 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed a third party to save only furniture it could prove it bought, stressing documents beat mere possession in attachment disputes.

What this practically means

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Executive summary

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Following a judgment in favour of the Claimant against Jetlite Air Limited for terminal dues (judgment dated 11th July 2024) and taxation of costs, the Claimant obtained warrants of attachment executed by Nexttgen Auctioneers, who proclaimed various movable assets on 4th March 2025 at Wilson Airport. An Objector, through a financial officer's affidavits, applied to set aside the proclamation, claiming the goods belonged to it and not the Respondent. The Claimant opposed, alleging collusion between the Objector and Respondent to defeat execution. The court first rejected the Objector's late objection to the Claimant's initially undated replying affidavit, holding the defect had been regularised and no prejudice was shown, consistent with Article 159's promotion of substantive justice. On the objection itself, the court reaffirmed that the burden rests on the Objector to prove a legal or equitable interest in the attached goods, citing Simba Colt Motors, Dubai Bank Kenya Ltd, Zingo Investment, Akiba Bank and Duncan Kabui, and that the court's role is not to determine ownership but only the objector's interest. The Objector expressly laid no claim over the two aeroplanes, so their ownership could not be inquired into. Purchase documents established the Objector's equitable title to the furniture and air conditioning equipment, but no receipts or invoices supported the computer servers, Ace machines, computers and photocopiers; mere presence on the premises was insufficient. The objection was upheld only as to the reception desk and visitors' chairs, 20 desks and 5 metallic cabinets, and failed as to the remaining items, with each party bearing its own costs.

Key legal issues

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01

Whether an undated replying affidavit should be struck out where the defect was regularised

Holding

The undated affidavit was defective but the Claimant validly cured the defect by filing a dated version before the objection was raised; the objection was rejected with no prejudice shown

Reasoning

The court agreed the undated affidavit was a non-affidavit but noted the Claimant filed a proper dated affidavit before the Objector raised the objection. No law outlaws this mode of correction. Guided by Article 159's demand for substantive justice and the Objector's failure to show prejudice, the court rejected the striking-out objection.

p. 3
02

Burden of proof in objection proceedings

Holding

The Objector bears the burden of proving a legal or equitable interest in the attached property; the decree holder need not prove the goods belong to the judgment debtor

Reasoning

Relying on Order 22 rule 51 and authorities including Simba Colt Motors, Dubai Bank Kenya Ltd, Zingo Investment and Duncan Kabui, the court held that the objector must establish its claim with evidence such as receipts, invoices and delivery notes. Where the material is insufficient, the objection must be dismissed.

p. 3
03

Whether the court can determine third-party ownership of the aeroplanes in objection proceedings

Holding

No - the court's role is confined to the objector's own legal or equitable interest; since the Objector laid no claim on the aeroplanes, their ownership cannot be inquired into

Reasoning

The Objector expressly excluded the aeroplanes from its claim, suggesting they belong to an unknown third party. Citing Dubai Bank Kenya Ltd v Come-Cons Africa Ltd, the court held that dismissal of an objection does not confer ownership on the judgment debtor and it is for the decree holder to verify ownership before execution.

p. 5
04

Whether the furniture and air conditioning equipment belong to the Objector

Holding

On the evidence of purchase documents and payments, the assorted furniture and air conditioning equipment belong to the Objector; but only some proclaimed items were covered, and the computers, servers, Ace machines and photocopiers lacked any evidence of ownership

Reasoning

The Objector produced a sales quotation dated 27th March 2024, mobile money payment messages, a quotation for air conditioners and a cheque evidencing payment, establishing equitable title to those items on a balance of preponderances. However, no receipts, invoices or delivery notes were produced for the computer equipment, and mere presence on the Objector's premises does not prove ownership per Zingo Investment.

p. 6

Legal principles established

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  • In objection proceedings, the burden of proof rests on the Objector to establish a legal or equitable interest in the attached property
  • The court's role in objection proceedings is confined to deciding whether the objector has a legal or equitable interest, not to determine ownership of the property
  • Ownership of premises is not by itself sufficient to establish a proprietary interest in attached goods

Court orders

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  1. 1.Finding that the Objector presented prima facie evidence that the reception desk and visitors' chairs; 20 desks; and 5 metallic cabinets belong to it
  2. 2.Upholding the objection proceedings in respect of the reception desk and visitors' chairs; 20 desks; and 5 metallic cabinets
  3. 3.Finding that the Objector provided no cogent evidence of legal or equitable interest in 2 computer servers; 5 Ace machines; 20 computers; 2 photocopiers; and 2 aero planes, and the objection fails in respect of these items
  4. 4.Each party to bear own costs of the objection proceedings
Jurisdiction invoked
Original employment and labour relations jurisdiction; objection proceedings under Order 22 rule 51 of the Civil Procedure Rules

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, "Mohammed v Jetlite Air Limited; Advantage Air Travel Limited (Objector) (Cause E429 of 2022) [2025] KEELRC 2979 (KLR)", Case Analysis (2025). Statement of Claim dated 20th June 2022; Objector's application dated 6th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2979/eng@2025-10-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.