[2024] KEHC 15953 (KLR)
The court found that the applicant had satisfied the requirements for the issuance of a garnishee order nisi, having demonstrated the existence of an unsatisfied judgment debt and identified specific accounts held by the respondent. The court held that it was just and proper to attach the respondent's funds in the...
Source-derived case information.
- Citation
- [2024] KEHC 15953 (KLR)
- Parties
- Applicant: Bruce Odeny & Co Advocates; Respondent: Pride Kings Security
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E126 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Garnishee Application
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Garnishee Orders, Enforcement of Judgments, Attachment of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bruce Odeny & Co Advocates
Applicant
Pride Kings Security
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Garnishee Application
Legal Issues
- 1 Whether the applicant is entitled to a garnishee order nisi against the respondent's bank and mobile money accounts to satisfy the decretal sum.
- 2 Whether the garnishees should be compelled to disclose and hold funds sufficient to satisfy the judgment debt.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for the issuance of a garnishee order nisi, having demonstrated the existence of an unsatisfied judgment debt and identified specific accounts held by the respondent. The court held that it was just and proper to attach the respondent's funds in the named accounts to secure payment of the decretal sum, interest, and costs. The garnishees were ordered to disclose the amounts held and to show cause why the attached funds should not be paid to the applicant in satisfaction of the judgment.
Court Disposition
application allowed
Orders
- A Garnishee Order Nisi is issued in respect of the respondent's accounts at Equity Bank, Kenya Commercial Bank, and Safaricom PLC to attach and hold Kshs. 141,443.82 and all monies due, payable, and held by the garnishees in the specified accounts and paybill number, or so much as may satisfy the decretal sum,...
- The garnishees are ordered to notify the court in writing within 7 days of the sums held in the specified accounts and paybill number in the name of Pride King Services Limited.
Full Case Text
Judgment text and source record
16 paragraphs
Bruce Odeny & Co Advocates v Pride Kings Security (Miscellaneous Case E126 of 2023) [2024] KEHC 15953 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15953 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case E126 of 2023
MS Shariff, J
December 17, 2024
Between
Bruce Odeny & Co Advocates
Applicant
and
Pride Kings Security
Respondent
Ruling
1. Upon considering the notice of motion dated 18. 11. 24, the supporting affidavit sworn by Bruce Odiwuor Odeny on even date and the enclosures thereto and upon hearing Ms. Kibiti Counsel for the ex parte applicant I do hereby find that this application is well merited and I allow it in terms of prayers No. 2 and 3 and I thus make the following orders:-1. A Garnishee Order Nisi be and is hereby issued in respect of the Judgment Debtor’s accounts domiciled at Equity Bank, Kenya Commercial Bank and Safaricom PLC to attach, lack and hold the sum of Kshs.141,443. 82 and all monies due, payable and held by the garnishee in Equity Bank Account Numbers 1260299769523 and 0290293739883 Kisumu Branch and Kenya Commercial Bank Account Number 1129170829 Kisumu Branch and Safaricom Paybill Number 897850 and all monies accruing to the credit of Ms. Pride Kings Services Ltd the Judgment Debtor herein, or so much of it as may sufficiently satisfy the decretal sum together with costs of these garnishee proceedings and interest of the suit.2. The garnishees are hereby ordered to notify this court in writing within 7 days from the date hereof what sums of money are held in Equity Bank account numbers 1260299769523 and 0290293739883, Kisumu Branch and Kenya Commercial Bank Account Number 1129170829 Kisumu Branch and Safaricom Paybill No. 897850 in the name of Pride King Services Limited the Judgement Debtor.3. The Garnishees to appear before this court on 11. 3.2023 and show cause as to why they should not pay the decree-holders advocates funds as are sufficient to satisfy in part or in whole the decretal amount, interest accruing and costs awarded.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF DECEMBER, 2024. M. S. SHARIFFJUDGE