UNION SAVINGS & LOANS COMPANY LTD vs KGM ALUMINUM & ALLIED SERVICES LTD & 2 ORS

RULING The instant application seeks an order of the court “to set aside writ of fi.fa, for stay of any further attachment and execution of Defendants/Judgment Debtors/Applicants’ attached properties, for an order that the inventory of the goods attached be conducted in the 2nd Respondent/Applicant’s business premises and for payment of judgment debt by instalments.” The application flows out of an attachment done in pursuance of an order to possess and realise charged properties under the Borrowers and Lenders Act, 2008, Act 773. The said order was made on the 21st November 2016. The applicant says that after the order was procured, the respondent caused a writ of fifa to be handed over to the applicant after which the business premises of the 1st applicant was locked up. The applicant says that the order made by the court does not authorize the respondent to lock up any premises of the applicant. Applicant says that no entry of judgment was served on it and that, up t...