Nairobi Flour Mills v Ram
Nairobi Flour Mills v Ram (Civil Suit No. 540 of 1954) [1955] EACA 11 (1 January 1955)
The court held that the responsibility for identifying and disclosing any chattels mortgage affecting property sought to be attached and sold in execution lies with the attaching creditor and his advocate, not with the court officer. The use of the phrase 'subject to bill of sale, if any' in the application was objectionable because it could be interpreted as an attempt to transfer the risk and burden of investigation to the court officer, which is improper. The court emphasized that the attaching creditor must act bona fide and disclose any knowledge or doubt regarding third-party interests.…
Source excerpt
- Execution Of Decrees
- Attachment Of Property
- Court Officer Duties
- Chattels Mortgage
- Burden Of Risk