JUDGMENT
SIMPSON JA The respondent in this appeal KEL Chemicals Ltd. Obtained judgment in default of appearance against a company called Consolidated Chemicals Ltd. For the sum of Kshs 178,346. This was on February 13, 1979.
In execution of the decree a warrant of attachment was issued on March 15 and attachment was levied by the court-broker on March 16 and March 19, 1979, upon property which is claimed by the appellant, Consolidated Chemicals (1979) Ltd. This company was incorporated on January 30, 1979 and with the consent of the judgment-debtor it took over the lease of the judgment-debtor’s premises in Nanyuki Road, Nairobi, with effect from February 1, 1979. A notice of objection was filed by the appellant and proceedings having been taken by the appellant to establish its claim. Harris J dismissed the application with costs. A second objector, Diamond Trust of Kenya Ltd, although notified of the application, did not appear.
The appellant/objector, represented by Mr Kassam, now see…