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Case Brief · caselaw.co.ke
High CourtPartially Allowed

Fahari Trading Limited v Jilao Company Limited

High Court of Kenya
6 August 2026
1,990 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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If a company owes you money, the court can force its officers to testify and produce company records to help you collect the debt.

What this practically means

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Executive summary

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This ruling by the High Court determines an application dated 1st September 2025 by Fahari Trading Limited, the 1st defendant and decree holder, against Jilao Company Limited, the plaintiff turned judgment debtor following the dismissal of its suit and the success of the 1st defendant's counterclaim on 15th February 2024. The decretal sum, with costs and interest, was reflected in warrants of attachment as USD 268,269.30; execution through Regent Auctioneers had borne no fruit, no attachable assets having been found in the company's name. The decree holder sought the oral examination of the company's director, Abdullahi Ahmed Haji, and secretary, Hosea Kili, production of the company's books and the officers' personal bank statements, default orders fixing the officers with personal liability, warrants or committal to civil jail, and preservative orders over motor vehicle KBH 414R. Applying Order 22 rule 35 of the Civil Procedure Rules, the court allowed the examination of the officers and production of the company's records for five years, holding the rule an aid to execution and the order ordinarily issuable where a decree is unsatisfied. It declined the officers' personal bank statements, the default and committal orders, and the preservative orders, holding that reaching officers' personal assets requires piercing the corporate veil on evidence in properly constituted proceedings, and that the vehicle had already been found to be the director's personal property with its attachment lifted. Costs were awarded against the judgment debtor.

Key legal issues

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01

Whether an order for oral examination of a corporation's officers and production of its books should issue under Order 22 rule 35

Holding

Yes. The decree remains unsatisfied, no assets were found in the company's name, the application was unopposed on the evidence, and the officers are identified by the company registration record.

Reasoning

The rule is an aid to execution enabling a decree holder to ascertain the judgment debtor's property or means. A corporation acts only through its officers, so the rule permits their examination and production of company books. The grant is discretionary but ordinarily issues where the decree is unsatisfied and the application is in good faith. The assertion that the director relocated to Somalia was unsupported and would at most bear on enforcement of attendance.

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02

Whether officers' personal bank statements, personal liability orders, and preservative orders over a director's vehicle can be granted on a rule 35 application

Holding

No. Each relief travels beyond what an examination as to means permits; reaching personal assets requires piercing the corporate veil on evidence in properly constituted proceedings.

Reasoning

The examination authorised is of the judgment debtor company's means and the production authorised is of the company's books. The officers are not the judgment debtor, so no attachment or committal can issue against them personally on this application. The vehicle had already been found to be the director's personal property and its attachment lifted, so no preservative order in aid of execution against the company could issue. Allegations of fraud were untested.

p. 3

Legal principles established

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  • Order 22 rule 35 permits examination of a corporation's officers and production of the company's books and documents where a money decree remains unsatisfied; the order will ordinarily issue where the decree is unsatisfied and the application is made in good faith
  • An examination as to means under Order 22 rule 35 does not fix a company's officers with personal liability for the company's decree; piercing the corporate veil requires a substantive determination on evidence in properly constituted proceedings
  • Committal to civil jail cannot be ordered in advance as a sanction for a possible default in attending an examination

Court orders

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  1. 1.Abdullahi Ahmed Haji and Hosea Kili, and any other officer of the judgment debtor, shall attend before the court on a date to be fixed and be orally examined as to the debts owing to and the property and means of the judgment debtor available to satisfy the decree
  2. 2.The said officers shall produce at the examination the books of accounts, audited financial statements, annual returns, bank statements and cheque books of the judgment debtor company for the last five years
  3. 3.The prayer for the production of the officers' personal bank statements is declined
  4. 4.The prayers, in default of attendance, for orders deeming the officers personally liable, for warrants of attachment against them, and for their committal to civil jail are declined
  5. 5.The prayer for preservative orders over motor vehicle registration number KBH 414R is declined
  6. 6.The costs of the application shall be borne by the judgment debtor
Jurisdiction invoked
Execution jurisdiction of the court under Order 22 rule 35 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, "Fahari Trading Limited v Jilao Company Limited", Case Analysis (2026). . Source: 

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