Justice demands that litigation should bear fruit; a successful claimant must not be left with a barren decree but with a judgment that can be realised in practice.
One of the greatest frustrations in civil litigation is when, after years of trial and expense, a successful party finds that their judgment is of no practical utility because the losing party has vanished or stripped themselves of assets.
The law therefore equips litigants with pre-emptive remedies designed to secure the fruits of litigation.
In Kenya, these are found both in the statutory framework of Order 39 of the Civil Procedure Rules and in the equitable remedy of the Mareva injunction, sometimes referred to as a freezing order.
Click here to read the full article.
Disclaimer: This legal update is for informational purposes only and does not constitute legal advice. It represents our understanding of the subject matter, which may be subject to different interpretations. By interacting with this content, no advocate-client relationship is established. Karanja Njenga Advocates shall not be liable for any act or omission arising from reliance on this article. For personalized legal guidance, please contact us at info@knjenga.co.ke.