Kariuki t/a Direct O Auctioneers v Sheracco Savings and Credit Society Limited & 2 others (Miscellaneous Application 024 of 2024) [2025] KEELRC 774 (KLR)

Kariuki t/a Direct O Auctioneers v Sheracco Savings and Credit Society Limited & 2 others (Miscellaneous Application 024 of 2024) [2025] KEELRC 774 (KLR) (11 March 2025) (Ruling) Neutral citation: [2025] KEELRC 774 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU MISCELLANEOUS APPLICATION 024 OF 2024 J RIKA, J MARCH 11, 2025 BETWEEN GEOFFREY I KARIUKI T/A DIRECT O AUCTIONEERS ................ APPLICANT AND SHERACCO SAVINGS AND CREDIT SOCIETY LIMITED ... 1ST RESPONDENT KARUTURI LIMITED (UNDER RECEIVERSHIP) ................ 2ND RESPONDENT CFC STANBIC LIMITED ............................................................. 3RD RESPONDENT RULING 1. The application dated 5th March 2025 is not clear to the Court. 2. It is drawn and signed by Naomi Muriithi & Co, indicated to be the Advocates for the Respondent. 3. There are 3 Respondents named, and it is not clear which Respondent is represented by Naomi Muriithi, or indeed whether any of the Respondents is a decree-holder. 4. Further, the supporting afidavit, sworn by Weldon Kirui, makes reference to ‘’ the said defendant.’’ 5. The Notice of Motion makes reference to the property ‘’ belonging to the defendant attaching.’’ 6. There is no Party to the proceedings who is named as a defendant. 7. Weldon Kirui identifies himself as the Applicant herein, in his supporting afidavit. The Applicant in the title to the Application, is identified as Geofirey I. Kariuki t/a Direct O. Auctioneers. 8. The registration number in the Application, is indicated as No. 024 of 2024. The Application forwarded to the Judge from the Registry is referenced as No. E024 of 2024. 9. The orders sought cannot be granted ex parte, with this lack of clarity. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/774/eng@2025-03-11 1

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