BY SAM ALFAN.
The High Court has extended interim orders restraining Landmark Port Conveyors Limited from selling Buzeki Enterprises Limited movable assets pending the hearing of case.
Justice Msagha Mbogholi extended the orders as listed or described in the notification of sale dated July 9, 2019 pending hearing and determination of the application inter-parties in the case.
“Temporary injunction is hereby issued restraining the Plaintiff or Respondent (Landmark Port Conveyors Limited) whether by itself , its servants , its agents and or any persons acting at its behest from alienating, disposing off, selling or in any manner interfering with the movable assets listed or described in the Notification of sale of July 9,2019 which have not been listed or described in the proclamation Notice of attachment of March 15,2018 or any other proclamation notice pending hearing and determination of this application inter-parties”, ordered Judge Mbogholi.
This is orders were issued after Buzeki Enterprises filed application under certificate of urgency seeking to stop Landmark Port through Moran Auctioneers from proclaiming 53 trucks and trailers in alleged execution of judgement and decree of the court issued on May 12,2017.
Last week court issued temporary injunction restraining the LandMark Port Conveyors and agents from disposing off , selling or in any manner interfering with the Buzeki Enterprises Limited movable assets listed or described in the sale the Notification of sale of July 9,2019 which have not been listed or described in the proclamation Notice Notice of attachment of March 15,2018 or any other proclamation notice.
“Through Moran Auctioneers on July 9,2019 seized applicant’s (Buzeki Enterprises Limited) motor vehicles , all of which have never been proclaimed in the proclamation of March 15,2018 or in any notice or at all as contemplated bin law”, said Buzeki enterprises in the court documents.
The company added that in executing the decree of the court, Moran auctioneers as the agent of the court ought to be guided by the law yet their conducts contravenes section 13 of the actioneers Act and rules being that save for the proclamation attachment aforementioned.
Buzeki says that they have never been served with any other documents that found the basis for the seizure of the subject motor vehicles in the instant application and Landmark port served them notice dated July 9,2019 of intended attachment and sale of the proclaimed 53 trailers and trucks.
” The purported execution is bad in law for attaching or proclaiming the Buzeki Enterprises Limited assets , prime movers and trailers which have never been the subjects of any proclamation Notice and the seizure and detention of the unproclaimed subject vehicles being bereft of any or any lawful basis , is therefore unlawful , null and void”, says the company.
Buzeki enterprises informed the court that the said the application will be rendered nugatory should the execution process should proceed in the manner sought by the landmark Port unless the orders sought are issued.
But landMark Port director Njenga Kamau dismissed Buzeki Enterprises application saying the magnitude of the indebtness of the company to NIC Bank is a non-issue to them and they are concerned only with the money owed to them by Buzeki company.
Njenga termed application by Buzeki company as baseless , vexatious, a sham and merely ba delay tactics being played by the company.
He faulted NIC Bank by saying they have provided avenues of intervention under the debenture which it gas bot sorted to enforce against the Buzeki company for contravening the terns and conditions therein thus by default , purporting to protect the Buzeki company from attachment to the detrimental of the decree.
“The plaintiff reserves the first priority in the pecking order of execution and settlement of debt having began execution proceedings before appointment of a receiver by the NIC Bank”, said Njenga
