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HARDY ENTERPRISES LIMITED & 3 ORS
V.
ASSETS RECOVERY AGENCY

(2022) JELR 114103 (CA)

Court of Appeal 8 Jul 2022 Kenya
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Case Details

Suit Number:Civil Appeal E297 of 2020
Judges:MSA Makhandia, JA J Mohammed, JA A Mbogholi-Msagha, JA
Location:Nairobi

JUDGMENT

  1. The genesis of this appeal is the Miscellaneous Civil Application No. 8 of 2020 dated 20th February, 2020 by the respondent against the 4 appellants. The respondent had moved the court by way of an ex-parte application under Section 82 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) seeking preservation and seizure orders of movable assets belonging to the appellants herein.

  2. The respondent alleged that the appellants had been awarded tenders by the Nairobi City County Government irregularly and received proceeds which were used to acquire the motor vehicles subject to the preservation orders. The respondent alleged that those were proceeds of crime. On 24th February, 2020 Mumbi Ngugi J (as she then was) issued ex-parte orders against all the appellants preserving, prohibiting and seizing bank accounts and motor vehicles said to be operated and owned by the appellants jointly and severally.

  3. Upon service of those orders, the appellants moved the court by way of No…

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