The first Respondent, the decree holder, filed an
application for attachment and sell of the third Respondent’s property. After
the passing of the decree and after the application for execution had been
filed, requesting for attachment and sale of the 3rd Respondent’s property the
Court through the Court Broker issued a warrant of attachment of the Property,
and the Property was attached by the decree-holder. The Court also issued a
proclamation for sale of the said property. The Applicant herein filed an
objection, claiming to have interest in the property attached since the
property was mortgaged to the Bank, the 3rd Respondent to secure a
loan. The major issue before the Court was who was in possession of the said
property at the time of attachment as required by Order XXI rule 58 of the
Civil Procedure Code [Cap 33 R.E. 2002]