- The High Court had in July last year ordered Brookside to pay attendant costs to the tune of Sh500,502 to Ali after they lost a defamation cost.
- "Despite our prompts, Brookside is yet to comply with the order of the High Court," reads the letter.
Image: FILE
Auctioneers are set to auction 40 dairy cows belonging to Brookside Dairy Limited for failing to settle over Sh00,000 fees owed to Nyali MP Mohamed Ali.
The High Court had in July last year ordered Brookside to pay attendant costs to the tune of Sh500,502 to Ali after they lost a defamation cost.
In a letter dated July 3, Ali through his Lawyer Adrian Kamotho instructed Fisra Auctioneers to proceed with a public auction for the recovery of the monies.
At stake are the dairy cows worth Sh150,000, one cooling plant with an estimated value of Sh400,000 among other assets.
"Despite our prompts, Brookside is yet to comply with the order of the High Court," reads the letter.
"Accordingly, we hereby authorise and instruct you to execute the annexed warrants of attachments and sale, upon all known movable property of Brookside Dairy Limited, for the recovery of the decretal sum ordered by the High Court on October 11 and for the settlement of costs, charges, penalties, interest and expenses arising from or incidental to the execution of our instructions."
Kamotho states that all statutory conditions precedent to attachment and sale warrants have been complied with.
A warrant of sale issued by a Nairobi High Court on July 3 gives the auctioneer until August 30 to execute it.
“These are to command you to sell by auction by giving 15 days previous notice by affixing the same in court-house, and after making due proclamation, the judgment debtor’s property attached under a warrant of this court in execution of a decree-holder in suit,” it reads.
The milk processor had sued the MP saying his claims that it has been exploiting farmers had infringed on its right to do business.
Justice Hedwig Ong’udi in her ruling, however, said the firm’s case was on defamatory statements and ought to be filed before the Civil Division of the High Court.
She said the issues raised would be better and effectively determined in a civil court on what the alleged utterances meant and whether they were false or not.
“I find the case offends the doctrine of avoidance and does not constitute a constitutional question. The PO is merited and the case is struck out with costs. Let the petitioner file the case at the right court,” Justice Ong’undi said.
The judge upheld arguments by Ali that the petition by Brookside was flawed and that no rights, either constitutional or human rights, were violated when he made remarks regarding the company.