PACLAIRE LIMITED vs KENYA INDUSTRIAL ESTATES & ANOTHER [2000] KEHC 472 (KLR)

REPUBLIC OF KENYA

Paclaire Limited v Kenya Industrial Estates & Another High Court Of Kenya At Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No. 2100 Of 1995

August 7, 2000 T Mbaluto, Judge delivered the following ruling.

This application has been sought by 1st defendant for an order to set aside a consent order made by Ole Keiwua, J (as he then was) on September 19, 1995 whereby certain sewing machines and other goods which had been attached by the 1st defendant were to be returned to the plaintiff. The consent order also directed the 1st defendant and the plaintiff to work out the interest due on a loan of Kshs 208,700.

The hearing notice for this application was duly served upon the respondents’ advocates who did not however attend court on the hearing date.

On the basis of what is contained in the application as well as the affidavit in support of the application and also upon considering submissions by learned counsel for the applicant; I am satisfied that the applicant is entitled to the orders it seeks. Accordingly the application is allowed as prayed. Costs of this application to the applicant.