[2025] KEELC 5095 (KLR)

[2025] KEELC 5095 (KLR)

The court found that the application for garnishee orders was unopposed, the judgment debtor had been duly served, and there was no stay or order setting aside the certificate of costs. Accordingly, the court held that the funds held by the Garnishee in the judgment debtor's account should be released to the decree...

Source-derived case information.

Citation
[2025] KEELC 5095 (KLR)
Parties
Plaintiff: Isaack Kiptoo Bwambok; Defendant: Equitorial Land Holding Limited; Defendant: Karebe Mining Limited; Respondent: National Bank of Kenya Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Kapsabet
Jurisdiction
Kenya
Case Number
Environment and Land Case 94 of 2021
Procedural Posture
Environment and Land Case / Ruling on Garnishee Application Post Judgment
Outcome
Application for garnishee order granted.
Judges
CK Nzili
Legal Topics
Garnishee Orders, Enforcement of Judgments, Certificate of Costs
Source Language
en
Civil Procedure Land and Property Garnishee Orders Enforcement of Judgments Certificate of Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Isaack Kiptoo Bwambok

Plaintiff

Equitorial Land Holding Limited

Defendant

Karebe Mining Limited

Defendant

National Bank of Kenya Limited

Respondent

Procedural Posture

Environment and Land Case / Ruling on Garnishee Application Post Judgment

Legal Issues

  1. 1 Whether the funds held by the Garnishee should be released to satisfy the certificate of costs.
  2. 2 Whether there is any opposition or stay preventing execution of the certificate of costs.

Ratio Decidendi

The court found that the application for garnishee orders was unopposed, the judgment debtor had been duly served, and there was no stay or order setting aside the certificate of costs. Accordingly, the court held that the funds held by the Garnishee in the judgment debtor's account should be released to the decree holder in full and final satisfaction of the certificate of costs. The court further ordered that the sum of Kshs.15,000 incidental to the proceedings be paid to the Garnishee's lawyers. The decision was based on the absence of opposition and the enforceability of the certificate of costs as a decree of the court.

Court Disposition

Application for garnishee order granted.

Orders

  • Kshs.1,249,839 held in the judgment debtor's account with the Garnishee to be released to the decree holder in full and final satisfaction of the certificate of costs.
  • Kshs.15,000 incidental to the proceedings to be paid to the Garnishee's lawyers.