Bakehouse Investment Ltd v Bake N Bite (Nairobi) Ltd & another; Antonio Lionetti (Objector/Applicant) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Commercial & Tax Division
Category
Civil
Judge(s)
Justice Maureen A. Odero
Judgment Date
September 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 case summary of Bakehouse Investment Ltd v Bake N Bite (Nairobi) Ltd, featuring Antonio Lionetti as the objector/applicant. Discover key legal insights and implications from this judgment on eKLR.

Case Brief: Bakehouse Investment Ltd v Bake N Bite (Nairobi) Ltd & another; Antonio Lionetti (Objector/Applicant) [2020] eKLR

1. Case Information:
- Name of the Case: Bakehouse Investment Ltd v. Bake N Bite (Nairobi) Ltd & Seif Mohammed Seif
- Case Number: Civil Suit No. 243 of 2016
- Court: High Court of Kenya at Nairobi, Commercial & Tax Division
- Date Delivered: September 29, 2020
- Category of Law: Civil
- Judge(s): Justice Maureen A. Odero
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around whether the Objector, Antonio Lionetti, has a legal or equitable interest in the property that was proclaimed for attachment and sale to satisfy a civil debt owed by the Defendants, and whether the court should grant the Objector's application to restrain the Plaintiff from further proclaiming his property.

3. Facts of the Case:
The Plaintiff, Bakehouse Investment Ltd, successfully obtained a judgment against the Defendants, Bake N Bite (Nairobi) Ltd and Seif Mohammed Seif, for a principal sum of Kshs.27,267,520, along with interest and costs. Following the judgment, the Plaintiff sought to execute the decree through attachment of the Defendants' property. The Objector, Antonio Lionetti, claimed that the property listed for attachment belonged to him, not the Defendants. He argued that he was the proprietor of the apartment where the goods were located and contended that the attachment of his property would infringe upon his rights under Article 40 of the Constitution of Kenya.

4. Procedural History:
The case began with the Plaintiff's application for summary judgment, which was granted on October 26, 2016. The Defendants later attempted to set aside this judgment, but their application was dismissed on October 15, 2018. After the Plaintiff sought to execute the judgment through attachment of property on August 15, 2019, the Objector filed a Notice of Motion on October 4, 2019, contesting the attachment. The application was supported by an affidavit from the Objector and opposed by the Plaintiff through a replying affidavit from its Managing Director. Following a consent from the 2nd Defendant's counsel indicating no objection to the application, the matter was submitted for determination based on written submissions.

5. Analysis:
- Rules: The court considered Order 22 Rule 51(1) of the Civil Procedure Rules, which allows a person claiming a legal or equitable interest in property attached in execution of a decree to object to the attachment.
- Case Law: The court referenced several cases, including *Dubai Bank (K) Ltd v. Come-Cons Africa Ltd & Impak Holdings Co. Ltd* [2012] eKLR, which established that the burden of proof in objection proceedings lies with the objector to demonstrate ownership of the property in question. Other cases cited included *RUN C SHARMA v. ASHANA RAILUNDAGA* [2010] eKLR, and *Asharaf A. Dadar v. Kavoi Muinde* (2016) eKLR, which emphasized the necessity of providing sufficient evidence of ownership beyond mere claims.
- Application: The court found that the Objector failed to provide adequate proof of ownership of the proclaimed items. The Tenancy Agreement he presented did not sufficiently establish that the furniture belonged to him. The court noted that the Objector did not produce title documents or receipts for the items, and thus did not meet the burden of proof required to substantiate his claim. Consequently, the court concluded that the Objector did not hold a legal or equitable interest in the property.

6. Conclusion:
The court dismissed the Objector's application, ruling that he did not satisfactorily demonstrate ownership of the property in question. The ruling highlighted the importance of providing concrete evidence of ownership in objection proceedings. The court awarded costs to the Plaintiff, affirming the validity of the execution of the decree against the Defendants.

7. Dissent:
There was no dissenting opinion in this case, as the ruling was delivered by a single judge.

8. Summary:
The High Court of Kenya ruled in favor of Bakehouse Investment Ltd, dismissing Antonio Lionetti's objection to the attachment of property for debt recovery. The court emphasized the necessity for the Objector to provide clear evidence of ownership, which he failed to do. This case underscores the legal standards required in objection proceedings and the implications for property rights under civil execution processes in Kenya.

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