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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
TO BE SERVED UPON:

1. POWERFUL WAFULA
NAIROBI

2. SHEILLA MUTISO OKWONKWO


NAIROBI

3. OMBUDSMAN SERIOUS AUCTIONEERS


NAIROBI
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

NOTICE OF OBJECTION
(Under Order 22 Rule 51 (1) of the Civil Procedure Rules, 2010)

TAKE NOTICE THAT the objector herein namely NYASH MMOJA whose
address of service for purposes of this suit only is C/o OGOSSO, OUMA &
KAZUNGU ADVOCATES, OOK TOWERS 5TH FLOOR, P.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.

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
TO BE SERVED UPON:

4. POWERFUL WAFULA
NAIROBI

5. SHEILLA MUTISO OKWONKWO


NAIROBI

6. OMBUDSMAN SERIOUS AUCTIONEERS


NAIROBI
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

NOTICE OF MOTION
(Under Section 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya,
Order 22 Rule 51(2) and Order 51 Rule 1 of the Civil Procedure Rules, 2010)

TAKE NOTICE THAT this Honourable Court will be moved on theday


of2012 at 9.00 Oclock 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. This application be certified urgent


2. The execution of the proclaimed property be stayed pending the hearing of this
application inter partes
3. The Decree Holder through his agents including OMBUDSMAN SERIOUS
AUCTIONEERS or any other Auctioneers be precluded from proclaiming or
having proclaimed, from attaching, or selling the Objectors goods in answer of
the Decree of this Honourable Court.
4. The Costs of this application be provided for.

WHICH APPLICATION is premised upon the annexed Supporting Affidavit of NYASH


MMOJA and further based on the grounds THAT:

1. The proclaimed household goods are the property of the Objector who is not a
party to this suit
2. 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.

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

TO BE SERVED UPON:
1. POWERFUL WAFULA
NAIROBI

2. SHEILLA MUTISO OKWONKWO


NAIROBI

3. 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.
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

SUPPORTING AFFIDAVIT
(Under Order 22 Rule 51(2) of The Civil Procedure Rules, 2010)

I, NYASH MMOJA, a resident of Nairobi whose address is C/o OGOSSO, OUMA &
KAZUNGU ADVOCATES, OOK TOWERS, 5TH FLOOR, P.O BOX 2012-00200 NAIROBI do
hereby make oath and solemnly state as follows:

1. THAT I am the Objector in these proceedings and therefore competent to swear this
Affidavit.
2. THAT I have been served with a Proclamation Notice dated (insert date) by
Ombudsman Serious Auctioneers proclaiming my household goods. I have
annexed a copy of the said Proclamation Notice marked as NM-1.
3. THAT all the proclaimed household goods are mine. I have annexed the relevant
purchase receipts Marked as, NM-2 to NM-6.
4. THAT I am not a party to this suit.
5. THAT I swear this Affidavit in Support of the Objection to Attachment Proceedings
instituted by me.
6. THAT I swear this Affidavit from facts within my knowledge except where I have
disclosed the source of information.
SWORN at NAIROBI this ______ day of__________ 2012 by the SAID:

NYASH MMOJA ________________

Before me DEPONENT

COMMISSIONER FOR OATHS

DRAWN & FILED BY:

OGOSSO, OUMA & KAZUNGU

ADVOCATES, OOK TOWERS, 5TH FLOOR

P.O BOX 2012-00200


NAIROBI