[2022] KEELRC 13262 (KLR)
The court found that the garnishee had confirmed the existence of sufficient funds in the respondent's account to satisfy the decree. The respondent, despite being notified, was absent and did not contest the application. In accordance with Order 23 of the Civil Procedure Rules, the court granted the order absolute...
Source-derived case information.
- Citation
- [2022] KEELRC 13262 (KLR)
- Parties
- Applicant: Francis Chengoli; Applicant: Mark Otundo; Applicant: Ann Kaaria; Respondent: Kenya Universities Staff Union; Respondent: Co-operative Bank of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E183 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Order Absolute in Garnishee Proceedings
- Outcome
- Order absolute granted in terms of prayer 3 of the application dated October 27, 2022.
- Judges
- J Rika
- Legal Topics
- Garnishee Orders, Enforcement of Decrees, Judgment Debtor Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Chengoli
Applicant
Mark Otundo
Applicant
Ann Kaaria
Applicant
Kenya Universities Staff Union
Respondent
Co-operative Bank of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Order Absolute in Garnishee Proceedings
Legal Issues
- 1 Whether an order absolute should be granted against the garnishee to satisfy the decree from the respondent's account.
Ratio Decidendi
The court found that the garnishee had confirmed the existence of sufficient funds in the respondent's account to satisfy the decree. The respondent, despite being notified, was absent and did not contest the application. In accordance with Order 23 of the Civil Procedure Rules, the court granted the order absolute as sought by the applicants, enabling enforcement of the decree against the funds held by the garnishee.
Court Disposition
Order absolute granted in terms of prayer 3 of the application dated October 27, 2022.
Orders
- An order absolute is granted in terms of prayer 3 in the application dated October 27, 2022.
Full Case Text
Judgment text and source record
26 paragraphs
Chengoli & 2 others v Kenya Universities Staff Union; Co-operative Bank of Kenya (Garnishee) (Miscellaneous Application E183 of 2022) [2022] KEELRC 13262 (KLR) (23 November 2022) (Ruling)
Neutral citation: [2022] KEELRC 13262 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E183 of 2022
J Rika, J
November 23, 2022
Between
Francis Chengoli
1st Decree holder
Mark Otundo
2nd Decree holder
Ann Kaaria
3rd Decree holder
and
Kenya Universities Staff Union
Judgment debtor
and
Co-operative Bank of Kenya
Garnishee
Ruling
1. The decree- holders/ applicants seek an order absolute in terms of prayer number 3 of the application dated October 27, 2022.
2. The respondent has been notified of today’s hearing but is absent.
3. The garnishee has confirmed that there is enough money in the account held by the respondent, to satisfy the decree.
It is Ordered: -a.An order absolute is granted in terms of prayer 3 in the application dated October 27, 2022.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 23RD DAY OF NOVEMBER 2022. JAMES RIKAJUDGE