REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

ELC NO. 248 OF 2018

KISIBET INVESTMENT LTD……………………………………………….. APPLICANT

-VS-
NASIOKI AUCTIONEERS ………………………………….…………….. RESPONDENT

IN THE MATTER OF:

D.N. IKUA & MWANGI T/A
IKUA MWANGI & CO. ADVOCATES ………………………………. DECREE HOLDER

VERSUS
GIDEON MOI…………………….. ……….…………..…………….… JUDGMENT DEBTOR

CERTIFICATE OF URGENCY

I, GORDON OGOLA, of P.O. Box 17580 – 20100, Nakuru and an Advocate of the High Court
of Kenya practicing as such in the name and style of Gordon Ogola, Kipkoech & Company
Advocates do hereby certify that the application filed herein is of utmost urgency and should be
heard on a priority basis on the following grounds:

1. THAT a Proclamation Notice has been issued to the Judgment Debtor against his
properties and all the properties listed in the proclamation Notice belongs to the
Applicant.

2. THAT the Warrants of Attachment of movable property in execution of decree for

money issued by the Deputy Registrar is ordered to be returned on or before the 19 th day
of November, 2019 and the Applicant is apprehensive that the Respondent may at
anytime attach his properties.

3. THAT the Applicant will suffer irreparable damage if the objection herein is not allowed
stopping the attachment of his properties listed in the proclamation notice.

4. THAT it is in the interest of justice that this application is allowed so as not to wrongly
deprive the Applicant his properties unjustly.

DATED at NAKURU this ………………………….. day of ………………………… 2019

______________________
Gordon Ogola
Gordon Ogola, Kipkoech & Company Advocates
Advocates for the Applicant
Admission No: P105/4054/99
Practice No: LSK/2019/05218
DRAWN & FILED BY:
M/s Gordon Ogola, Kipkoech & Co. Advocates,
Tamoh Plaza, 2nd, Floor,
Geoffrey Kamau Way,
P.O Box 17580
20100-NAKURU
Email: ogolakipkoech@gmail.com
Telephone: 0723537104

TO BE SERVED UPON:-
Nasioki Auctioneers,
Interlink Building
2nd Floor,Kenyatta Lane,
P.O Box 15497,
NAKURU

D.N IKUA & MWANGI P/A

IKUA MWANGI & CO. ADVOCATES,
SHIV PLAZA,2ND FLOOR
NAKURU
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APPLICATION NO. 100 OF 2013

ISAAC MWANGI KIMUNDU ……………………………………………….. APPLICANT

-VS-
SANJOMU AUCTIONEERS ………………………………….…………….. RESPONDENT

IN THE MATTER OF:

LAWRENCE MWANGI T/A
LAWRENCE MWANGI & CO. ADVOCATES ………………………. DECREE HOLDER

VERSUS
JOHN MATHIAKA KIMUNDU ……….…………..…………….… JUDGMENT DEBTOR

NOTICE OF MOTION

(Under Orders 22(51) & 52 of the Civil Procedure Rules and Section 1A, 1B and 3A of the Civil
Procedure Act and Article 159 (2) (a) (b) and (d) of the Constitution of Kenya and all other
enabling provisions of the law)

TAKE NOTICE that this Honourable court will be moved on the…………………day of

………………………..at 9.00 O’clock in the fore/afternoon or so soon thereafter when the
counsel for the Defendant/Applicant shall be heard FOR ORDERS:

1.) THAT the application be certified as urgent and its service be dispensed with at the 1st
instance.

2.) THAT the proclamation of the eight (8) freshian cows, five (5) heifers, MF harrow 15
sheeps and Motor Vehicle registration number KAR 300V Prado in the purported
execution of the decree herein be lifted.

3.) THAT there be stay of execution by way of attachment of the eight (8) freshian cows,
five (5) heifers, MF harrow 15 sheeps and Motor Vehicle registration number KAR 300V
Prado in the purported execution of the decree herein;

4.) THAT the costs of this application be borne by the defendant/decree holder.

WHICH APPLICATION is premised on the annexed affidavit of Isaac Mwangi Kimundu

filed herewith, the following grounds and such further arguments and or other grounds to be
adduced and/or canvassed at the hearing hereof:

1. THAT the Applicant has never been a party to this or any other proceedings with or
against the decree holder herein.

2. THAT Sanjomu Auctioneers; the Respondent herein have been instructed by the Decree
holder; LAWRENCE MWANGI & CO. ADVOCATES to proclaim and subsequently
attach properties belonging to the judgment debtor in settlement of a decree of
Kshs.1,039,987/=
 3. THAT as per the Proclamation Notice served upon the judgment debtor, all the
properties listed and intended to be attached after proclamation herein belong to the
Applicant herein and contained in the ancestral land being Land parcel
Nyandarua/Mkungi/727.

4. THAT all the properties listed being the eight (8) freshian cows, five (5) heifers, MF
harrow 15 sheep and Motor Vehicle registration number KAR 300V Prado belong to the
Applicant.

5. THAT the land being ancestral land, the Applicant established a zero grazing
establishment and has been keeping freshian cows and has also heifers and sheep thereon.

6. THAT the said motor vehicle; KAR 300V initially belonged to one Muhamed Ahmed
Call who sold it to the Applicant in the year 2012 but he passed on before the said vehicle
could be transferred to the Applicant’s name.

7. THAT the warrants issued by the Honourable Deputy Registrar are due to be returned to
court on or about the 18th March, 2019 and the Auctioneer may erroneously attach his
properties herein above stated if the orders sought herein are not granted, to his detriment.

8. THAT the application herein has been brought without unreasonable delay.

9. THAT Respondents will not suffer any prejudice

10. THAT the Applicant will suffer irreparable damage if the objection is not granted.

11. THAT the Applicant has a right to property which is guaranteed by Article 40 of the
constitution.

12. THAT a great injustice will be occasioned on the part of the Applicant if the application
herein is not granted.

13. THAT the application herein is not meant to delay the cause of justice or deny the
decree holder form getting his dues but to avoid dispossessing the Applicant of what is
rightly his and not subject of any proceedings with the decree holder.

14. THAT the sole question that this Honourable Court should ask itself is whether it is in
the interest of justice to issue the orders sought.

DATED at NAKURU this ………………………….. day of ………………………… 2019

______________________
Kipkoech B. Ng’etich
Gordon Ogola, Kipkoech & Company Advocates
Advocates for the Applicant
Admission No: P105/7013/2008
Practice No: LSK/2018/01508

DRAWN & FILED BY:

M/s Gordon Ogola, Kipkoech & Co. Advocates,
Tamoh Plaza, 2nd, Floor,
Geoffrey Kamau Way,
P.O Box 17580
20100-NAKURU
Email: ogolakipkoech@gmail.com
Telephone: 0723537104

TO BE SERVED UPON:-

SANJOMU AUCTIONEERS,
P.O Box,
NAKURU

LAWRENCE MWANGI T/A

LAWRENCE MWANGI & CO. ADVOCATES,
P.O Box,
NAKURU

JOHN MATHIAKA KIMUNDU,

P.O Box,
NAKURU

(If any party served does not appear at the time and place above mentioned such orders will be
made and proceedings taken as the court may think just and expedient).
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APPLICATION NO. 100 OF 2013

ISAAC MWANGI KIMUNDU ……………………………………………….. APPLICANT

-VS-
SANJOMU AUCTIONEERS ………………………………….…………….. RESPONDENT

IN THE MATTER OF:

LAWRENCE MWANGI T/A
LAWRENCE MWANGI & CO. ADVOCATES ………………………. DECREE HOLDER

VERSUS
JOHN MATHIAKA KIMUNDU ……….…………..…………….… JUDGMENT DEBTOR

SUPPORTING AFFIDAVIT

I, Isaac Mwangi Kimundu, of P.O Box 332, Mkungu, within Nyandurua County in the republic
of Kenya do hereby make oath and state as follows:

1. THAT I am an adult male of sound mind and disposition, seized with the facts attendant
herein and hence competent to swear this affidavit.

2. THAT I have never been a party to this or any other proceedings with or against the
decree holder herein.

3. THAT Sanjomu Auctioneers; the Respondent herein have been instructed by the Decree
holder; LAWRENCE MWANGI & CO. ADVOCATES to proclaim and subsequently
attach properties belonging to the judgment debtor in settlement of a decree of
Kshs.1,039,987/=. (see proclamation notice attached & marked IMK-1)

4. THAT as per the Proclamation Notice served upon the judgment debtor, all the
properties listed and intended to be attached after proclamation herein belong to me and
contained in our ancestral land being Land parcel Nyandarua/Mkungi/727. (see IMK-1)

5. THAT all the properties listed being the eight (8) freshian cows, five (5) heifers, MF
harrow 15 sheeps and Motor Vehicle registration number KAR 300V Prado belong to
me.

6. THAT the land being ancestral land, I established a zero grazing establishment and have
been keeping freshian cows, heifers and sheep thereon.
 7. THAT the said motor vehicle; KAR 300V initially belonged to one Muhamed Ahmed
Call who sold it to me in the year 2012 but he passed on before the said vehicle could be
transferred to my name. (see sale agreement and logbook attached and marked IMK-2a
& b).

8. THAT the warrants issued by the Honourable Deputy Registrar are due to be returned to
court on or about the 18th March, 2019 and the Auctioneer may erroneously attach my
properties herein above stated if the orders sought herein are not granted, to my
detriment. (See warrants attached and marked IMK-3)

9. THAT the application herein has been brought without unreasonable delay.

10. THAT Respondents will not suffer any prejudice.

11. THAT I will suffer irreparable damage if the objection is not granted.

12. THAT I have a right to property which is guaranteed by Article 40 of the constitution.

13. THAT a great injustice will be occasioned on me if the application herein is not granted.

14. THAT the application herein is not meant to delay the cause of justice or deny the decree
holder form getting his dues but to avoid dispossessing me of what is rightly mine and
not subject of any proceedings with the decree holder.

15. THAT the sole question that this Honourable Court should ask itself is whether it is in
the interest of justice to issue the orders sought.

16. THAT I swear this affidavit in support of my application herein.

17. THAT what is stated herein is true to the best of my knowledge, information, and belief.

SWORN at NAKURU by the said }

Isaac Mwangi Kimundu } ----------------------
} DEPONENT
This day of 2019 }
BEFORE ME }
}
COMMISSIONER FOR OATHS }

DRAWN & FILED BY:

M/s Gordon Ogola, Kipkoech & Co. Advocates,
Tamoh Plaza, 2nd, Floor,
Geoffrey Kamau Way,
P.O Box 17580
20100-NAKURU
Email: ogolakipkoech@gmail.com
Telephone: 0723537104

TO BE SERVED UPON:-
SANJOMU AUCTIONEERS,
P.O Box,
NAKURU

LAWRENCE MWANGI T/A

LAWRENCE MWANGI & CO. ADVOCATES,
P.O Box,
NAKURU

JOHN MATHIAKA KIMUNDU,

P.O Box,
NAKURU
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APPLICATION NO. 100 OF 2013

ISAAC MWANGI KIMUNDU ……………………………………………….. APPLICANT

-VS-
SANJOMU AUCTIONEERS ………………………………….…………….. RESPONDENT

IN THE MATTER OF:

LAWRENCE MWANGI T/A
LAWRENCE MWANGI & CO. ADVOCATES ………………………. DECREE HOLDER

VERSUS
JOHN MATHIAKA KIMUNDU ……….…………..…………….… JUDGMENT DEBTOR

OBJECTION TO ATTACHMENT

(Under Order 22 Rule 53 (1) and (2) of the Civil Procedure Rules)

TAKE NOTICE that the objector herein (ISAAC MWANGI KIMUNDU) of P.O Box 398,
Mkungu but whose address of service for the purposes of this objection shall be care of M/s
Gordon Ogola, Kipkoech & Co. Advocates, Tamoh Plaza, 2 nd, Floor, Geoffrey Kamau Way, P.O
Box 17580, 20100-NAKURU , hereby objects to that attachment of the following properties:-

i. Eight (8) freshian cows,

ii. Five (5) heifers,
iii. MF harrow
iv. 15 sheep
v. Motor Vehicle registration number KAR 300V Prado
ON the following grounds:-

a. THAT he was not a party to the suit herein.

b. THAT the proclaimed properties did not belong to the judgment debtor.

c. THAT the properties proclaimed belong to the Applicant/Objector.

DATED at NAKURU this ………………………….. day of ………………………… 2019

______________________
Kipkoech B. Ng’etich
Gordon Ogola, Kipkoech & Company Advocates
Advocates for the Applicant
Admission No: P105/7013/2008
 Practice No: LSK/2018/01508

DRAWN & FILED BY:

M/s Gordon Ogola, Kipkoech & Co. Advocates,
Tamoh Plaza, 2nd, Floor,
Geoffrey Kamau Way,
P.O Box 17580
20100-NAKURU
Email: ogolakipkoech@gmail.com
Telephone: 0723537104

TO BE SERVED UPON:-

SANJOMU AUCTIONEERS,
P.O Box,
NAKURU

LAWRENCE MWANGI T/A

LAWRENCE MWANGI & CO. ADVOCATES,
P.O Box,
NAKURU

JOHN MATHIAKA KIMUNDU,

P.O Box,
NAKURU