THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

CIVIL CASE NO. 2013 OF 2012

POWERFUL WAFULA ……….…………………….……..…….PLAINTIFF/DECREE HOLDER

-VERSUS-
SHEILLA MUTISO OKWONKWO….…..………..……DEFENDANT/JUDGMENT DEBTOR

AND
NYASH MMOJA ………………….……………………..………………………….…….. OBJECTOR

CERTIFICATE OF URGENCY
I, MM OGOSSO, an Advocate of the High Court of Kenya practicing in the firm
name and style of OGOSSO, OUMA & KAZUNGU ADVOCATES do hereby certify
this present application as being extremely very urgent on grounds that the
Decree Holder herein through his agents namely OMBUDSMAN SERIOUS
AUCTIONEERS has already proclaimed and attached the property (household
goods) to satisfy the decree issued against the Defendant herein, all to the
detriment of the Objector.

The said property attached is wholly owned by the Objector herein and that the
Decree Holder has no interest and/or claim whatsoever over the same.

It therefore requires that this application be placed before the duty Judge
immediately and further that it be heard on priority basis to avoid further
miscarriage of justice.

DATED at NAIROBI this…………………….Day of ………….……………………….2012

OGOSSO, OUMA & KAZUNGU

ADVOCATES FOR THE OBJECTOR

DRAWN & FILED BY:

OGOSSO, OUMA & KAZUNGU

ADVOCATES,

OOK TOWERS, 5TH FLOOR

P.O BOX 2012-00200

NAIROBI

OMBUDSMAN SERIOUS AUCTIONEERS NAIROBI .TO BE SERVED UPON: 1. POWERFUL WAFULA NAIROBI 2. SHEILLA MUTISO OKWONKWO NAIROBI 3.

..…. OUMA & KAZUNGU ADVOCATES.……………………. 2013 OF 2012 POWERFUL WAFULA ……….PLAINTIFF/DECREE HOLDER -VERSUS- SHEILLA MUTISO OKWONKWO…. 5TH FLOOR P.……………………. 2010) TAKE NOTICE THAT the objector herein namely NYASH MMOJA whose address of service for purposes of this suit only is C/o OGOSSO. OOK TOWERS.2012 OGOSSO.……DEFENDANT/JUDGMENT DEBTOR AND NYASH MMOJA …………………..……………………….O BOX 2012-00200 NAIROBI objects to the attachment and sale of the items and household goods herein referred to as the proclaimed goods by OMBUDSMAN SERIOUS AUCTIONEERS as per the Proclamation Notice attached herewith on the grounds that the proclaimed household goods are the property of the Objector who is not a party to this suit and that the Defendant has no interest and/or claim over the same whatsoever and hence the same cannot be attached in satisfaction of the Decree issued against the Defendant.……. OBJECTOR NOTICE OF OBJECTION (Under Order 22 Rule 51 (1) of the Civil Procedure Rules.……..………………………….Day of …………. THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI CIVIL CASE NO. OUMA & KAZUNGU ADVOCATES FOR THE OBJECTOR DRAWN & FILED BY: OGOSSO. P.O BOX 2012-00200 NAIROBI . OUMA & KAZUNGU ADVOCATES.……….. OOK TOWERS 5TH FLOOR. DATED at NAIROBI this…………………….…….

POWERFUL WAFULA NAIROBI 5. OMBUDSMAN SERIOUS AUCTIONEERS NAIROBI .TO BE SERVED UPON: 4. SHEILLA MUTISO OKWONKWO NAIROBI 6.

OUMA & KAZUNGU ADVOCATES FOR THE OBJECTOR . The Defendant has no interest and/or claim whatsoever over the said property and hence the same cannot be attached in satisfaction of the Decree issued against the Defendant.………………………….00 O’clock in the forenoon or so soon thereafter as Counsel for the Objector may be heard on the hearing of an application for Orders THAT: 1. DATED at NAIROBI this……………………. 2010) TAKE NOTICE THAT this Honourable Court will be moved on the…………………day of………………………2012 at 9.Day of ………….………………. THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI CIVIL CASE NO.….……DEFENDANT/JUDGMENT DEBTOR AND NYASH MMOJA …………………. WHICH APPLICATION is premised upon the annexed Supporting Affidavit of NYASH MMOJA and further based on the grounds THAT: 1..……. The execution of the proclaimed property be stayed pending the hearing of this application inter partes 3. Cap 21 of the Laws of Kenya. or selling the Objector’s goods in answer of the Decree of this Honourable Court.. The proclaimed household goods are the property of the Objector who is not a party to this suit 2. OBJECTOR NOTICE OF MOTION (Under Section 3A of the Civil Procedure Act.2012 OGOSSO. 2013 OF 2012 POWERFUL WAFULA ……………..……………………….PLAINTIFF/DECREE HOLDER -VERSUS- SHEILLA MUTISO OKWONKWO …………. 4. Order 22 Rule 51(2) and Order 51 Rule 1 of the Civil Procedure Rules. The Costs of this application be provided for.…………………….. The Decree Holder through his agents including OMBUDSMAN SERIOUS AUCTIONEERS or any other Auctioneers be precluded from proclaiming or having proclaimed. from attaching.……. This application be certified urgent 2.…….

5TH FLOOR P. SHEILLA MUTISO OKWONKWO NAIROBI 3. POWERFUL WAFULA NAIROBI 2.” . OMBUDSMAN SERIOUS AUCTIONEERS NAIROBI NOTE: “If any party served does not appear at the time and place above- mentioned such order will be made and proceedings taken as the court may think just and expedient.O BOX 2012-00200 NAIROBI TO BE SERVED UPON: 1. OOK TOWERS.DRAWN & FILED BY: OGOSSO. OUMA & KAZUNGU ADVOCATES.

5TH FLOOR P.O BOX 2012-00200 NAIROBI do hereby make oath and solemnly state as follows: 1. 5.. 5TH FLOOR. THAT I am the Objector in these proceedings and therefore competent to swear this Affidavit. OUMA & KAZUNGU ADVOCATES.…………. OOK TOWERS. THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI CIVIL CASE NO. a resident of Nairobi whose address is C/o OGOSSO.PLAINTIFF/DECREE HOLDER -VERSUS- SHEILLA MUTISO OKWONKWO……………. COMMISSIONER FOR OATHS DRAWN & FILED BY: OGOSSO.. THAT all the proclaimed household goods are mine.……. THAT I have been served with a Proclamation Notice dated (insert date) by Ombudsman Serious Auctioneers proclaiming my household goods. SWORN at NAIROBI this ______ day of__________ 2012 by the SAID: NYASH MMOJA ________________ Before me DEPONENT …………………………………. 6.……………………….. THAT I swear this Affidavit in Support of the Objection to Attachment Proceedings instituted by me.. 2010) I. P. THAT I swear this Affidavit from facts within my knowledge except where I have disclosed the source of information. “NM-2” to “NM-6”..…DEFENDANT/JUDGMENT DEBTOR AND NYASH MMOJA ………………. 2013 OF 2012 POWERFUL WAFULA ……………………………..……. OUMA & KAZUNGU ADVOCATES..……………………….…………. THAT I am not a party to this suit. I have annexed a copy of the said Proclamation Notice marked as “NM-1”. 2. NYASH MMOJA. 4. I have annexed the relevant purchase receipts Marked as. OOK TOWERS...………………. 3.O BOX 2012-00200 .. OBJECTOR SUPPORTING AFFIDAVIT (Under Order 22 Rule 51(2) of The Civil Procedure Rules.

NAIROBI .