Ecobank Kenya Limited v Minolta Limited & 2 others; Central Depository and Settlement Corporation & 3 others (Interested Parties) (Civil Case 29 of 2022) [2025] KEHC 18555 (KLR) (Commercial and Tax) (4 December 2025) (Ruling) Neutral citation: [2025] KEHC 18555 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX CIVIL CASE 29 OF 2022 F GIKONYO, J DECEMBER 4, 2025 BETWEEN ECOBANK KENYA LIMITED .................................................... DECREE HOLDER AND MINOLTA LIMITED ........................................................ 1ST JUDGMENT DEBTOR JOSEPH MICHAEL ADEDE ........................................... 2ND JUDGMENT DEBTOR CAROLINE MLALE MBELA ADEDE ........................... 3RD JUDGMENT DEBTOR AND CENTRAL DEPOSITORY AND SETTLEMENT CORPORATION ..................................................................... INTERESTED PARTY DIRECTOR GENERAL OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY ........................................................................... INTERESTED PARTY DIRECTOR GENERAL OF BUSINESS REGISTRATION SERVICE .................................................................................... INTERESTED PARTY CHIEF LAND REGISTRAR ................................................... INTERESTED PARTY RULING 1. The decree holder/ applicant filed the notice of motion dated 23.4.2025 amended on 2.5.2025 seeking discovery and attachment of the judgment debtors various movable and immovable assets as the decree has not been satisfied and the judgment debtors have refused to pay the decretal sum. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18555/eng@2025-12-04 1
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2. During mention of the matter on 21.7.2025, the applicant’s counsel indicated that they served the application. The court directed them to file and serve submissions in 2 days and the judgment debtor to file and serve theirs within 14 days of service. 3. At the time of drafting the ruling, the court did not sight the affidavit of service in respect of the application and the submissions either on the Judiciary’s Case Tracking System or the physical file. 4. Therefore, there is no proof of service. 5. The judgment debtors are entitled to the right to file their response and be heard. The right to be heard is an important component of the rules of natural justice. Directions 6. The court therefore directs the decree holder to serve the application upon the judgment debtors. 7. The order scheduling this matter for ruling is, thus, vacated, and the matter is no longer for ruling. 8. The application be fixed for directions. A notice thereof be served upon the plaintiff. DATED, SIGNED AND DELIVERED AT NAIROBI THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 4TH DAY OF DECEMBER, 2025 ----------------F. GIKONYO M JUDGE In the presence of: Ongere for Adenza for Applicant KNK LLP for Judgment debtor CA - Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18555/eng@2025-12-04 2
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