Case ID:159113

Amra Leasing Limited v Dac Aviation (EA) Limited & 2 others [2020] eKLR

Case Metadata

Case Number:

Civil Suit E147 of 2020 (OS)

Parties:

Amra Leasing Limited v Dac Aviation (EA) Limited, Dac International Aviation Limited & Emmanuel Anassis

Date Delivered:

29 May 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Case Action:

Ruling

Judge(s):

David Amilcar Shikomera Majanja

Citation:

Amra Leasing Limited v Dac Aviation (EA) Limited & 2 others [2020] eKLR

Advocates:

Ms Akal instructed by Coulson Harney LLP for the Applicant.

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Advocates:

Ms Akal instructed by Coulson Harney LLP for the Applicant.

History Advocates:

One party or some parties represented

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MILIMANI COMMERCIAL & TAX DIVISION

CORAM: D. S. MAJANJA J.

CIVIL SUIT NO. E147 OF 2020 (OS)

IN THE MATTER OF THE

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT

AND IN THE MATTER OF ENFORCEMENT OF JUDGMENT DELIVERED ON 11

TH

MARCH 2020 IN THE HIGH COURT OF ENGLAND AND WALES, COMMERCIAL COURT, QUEENS BENCH DIVISION IN CLAIM NO. CL-2019-000762

BETWEEN

AMRA LEASING LIMITED............................................................................APPLICANT

AND

DAC AVIATION (EA) LIMITED...........................................................1

ST

RESPONDENT

DAC INTERNATIONAL AVIATION LIMITED.................................2

ND

RESPONDENT

EMMANUEL ANASSIS..........................................................................3

RD

RESPONDENT

RULING

1. The Originating Summons before the Court is dated 6

th

May 2020 made under

Order 37 Rule 14

of the

Civil Procedure Rules

,

Rule 2(1), 2, 3

and

4

of the

Foreign Judgment (Reciprocal Enforcement) Rules

(“the

Rules

”) and

sections 3, 5, 6

and

8

of the

Foreign Judgments (Reciprocal Enforcement) Act (Chapter 43 of the Laws of Kenya)

(“the

Act

”). In the summons, the applicant seeks the following orders:

[1] The judgment delivered on 11

th

March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 be recognized and registered as a judgment of this Honourable Court as well as be enforced within the jurisdiction of this Honourable Court.

[2] Execution of the judgement delivered on 11

th

March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 do issue after a period of fourteen (14) days upon service of the Notice of Registration of Judgment on the Respondents; and

[3] The costs of the Originating Summons be provided for.

2. The summons is supported by the affidavit of Tim Fox sworn on 6

th

May 2020. The depositions demonstrate that the respondents are judgment debtors following judgment entered against them by the High Court of Justice of England and Wales.

3. According to the deposition in support of the summons, the applicant’s case against the respondents arose out of two aircraft lease agreements dated 6

th

September 2013 and 8

th

July 2014 each relating to the leasing of Bombadier Q400 aircraft serial no. 4052 and 4065 respectively. The agreements were expressly subject to the jurisdiction of the courts in England and Wales.

4. The applicant alleged breach of the agreements by the 1

st

respondent. It instituted Claim No. CL-2019-000762 in the Queens Bench Division of the High Court of England and Wales against the 1

st

respondent and the 2

nd

and 3

rd

respondents as guarantors. The claim was served on the respondents who entered Acknowledgements of Service through their legal representative

Bird and Bird LLP

but failed to file their defence within the applicable deadline as extended by the parties to 4.00pm on 6

th

February 2020. As a result, judgment in default was entered against the respondents on 11

th

March 2020 for UK Pounds 8,992,980.25.

5. The firm of

K & L Gates LLP

was notified of the judgment entered against the respondents as

Bird and Bird LLP

had ceased to act for the respondents. To date the respondents have not applied to set aside the judgment. They have not satisfied the judgment.

6. The Summons is supported by a certified copy of the judgment and an authenticated certificate issued by the High Court of Justice of England and Wales, Queen’s Bench Division, Commercial Court issue pursuant to

section 5(4)

of the

Act

confirming that the case was filed and that judgment was entered against the respondents by the court in England and Wales.

7. I am also satisfied that the respondents duly participated in the proceedings before the court in England and Wales as they were served with the claim, filed an Acknowledgment of Service and were also notified of the judgment through their nominated counsel. This summons is accordingly heard ex-parte.

8. Since the applicant has complied with the

Rules

and noting that the United Kingdom is one of the reciprocating countries under

section 13

of the

Act

and that the sum claimed and ordered to be paid by the court is payable under

section 3

of the

Act

, I allow the summons dated 6

th

May 2020 and order as follows:

(a) THAT the judgment delivered on 11

th

March 2020 in the High Court of Justice England and Wales, Commercial Court, Queens Bench Division, in Claim No. CL-2019-000762 be and is hereby recognized and registered as a judgment of this Honourable Court and a decree shall issue accordingly.

(b) THAT Notice of Registration of the Judgment do issue and the same shall be served upon the respondents.

(c) The respondent shall bear costs of the application.

DATED and DELIVERED at NAIROBI this 29

th

day of MAY 2020.

DAVID S. MAJANJA

JUDGE

Court Assistant: Mr. M. Onyango

Ms Akal instructed by Coulson Harney LLP for the applicant.