[2021] KEHC 12979 (KLR)
The court was satisfied, based on the affidavit of service dated 21st May 2021, that both the judgment debtor and the National Land Commission (garnishee) were properly served with the hearing notice for the garnishee application scheduled for 25th May 2021. In the absence of any appearance or opposition from the...
Source-derived case information.
- Citation
- [2021] KEHC 12979 (KLR)
- Parties
- Plaintiff: Francis Mwanza Mulwa; Defendant: Afrison Export Import Ltd; Defendant: Huelands Limited; Respondent: National Land Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 934 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Garnishee Order
- Outcome
- Application dated 4th March 2020 allowed as prayed.
- Judges
- WA Okwany
- Legal Topics
- Garnishee Proceedings, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mwanza Mulwa
Plaintiff
Afrison Export Import Ltd
Defendant
Huelands Limited
Defendant
National Land Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Garnishee Order
Legal Issues
- 1 Whether the judgment debtor and garnishee were properly served with the hearing notice for the garnishee application.
- 2 Whether the application dated 4th March 2020 should be allowed in the absence of the judgment debtor and garnishee.
Ratio Decidendi
The court was satisfied, based on the affidavit of service dated 21st May 2021, that both the judgment debtor and the National Land Commission (garnishee) were properly served with the hearing notice for the garnishee application scheduled for 25th May 2021. In the absence of any appearance or opposition from the judgment debtor and the garnishee, and there being no evidence to the contrary, the court exercised its discretion to allow the application dated 4th March 2020 as prayed. The decision was grounded on the principles of proper service and the court's authority to proceed in the absence of a party who has been duly notified.
Court Disposition
Application dated 4th March 2020 allowed as prayed.
Orders
- The application dated 4th March 2020 is allowed as prayed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. 934 OF 2011
FRANCIS MWANZA MULWA.........................PLAINTIFF/DECREE HOLDER
-VERSUS-
AFRISON EXPORT IMPORT LTD..1ST DEFENDANT/JUDGMENT DEBTOR
HUELANDS LIMITED.....................2ND DEFENDANT/ JUDGMENT DEBTOR
-AND-
NATIONAL LAND COMMISSION....................................................GARNISHEE
RULING
1. I have considered the affidavit of service dated 21st May 2021 and I am satisfied that both the Judgment Debtor and National Land Commission were served with the hearing notice for the hearing slated for 25th May 2021.
2. In the absence of the Judgment Debtor and National Land Commission, I allow the application dated 4th March 2020 as prayed.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 27TH DAY OF MAY 2021 IN VIEW OF THE DECLARATION OF MEASURES RESTRICTING COURT OPERATIONS DUE TO COVID-19 PANDEMIC AND IN LIGHT OF THE DIRECTIONS ISSUED BY HIS LORDSHIP, THE CHIEF JUSTICE ON THE 17TH APRIL 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Njogu for the applicant
Court Assistant: Sylvia