[2015] KEHC 4586 (KLR)
The court found that the respondent, despite being served, failed to reply to the garnishee application. The garnishee (bank) confirmed the existence of the joint account and expressed willingness to comply with the court's directions. The court accepted the applicant's submission that the account was no longer...
Source-derived case information.
- Citation
- [2015] KEHC 4586 (KLR)
- Parties
- Respondent: James Waithaka Kinyanjui (Deceased); Applicant: James A. Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3154 of 2003
- Procedural Posture
- Succession Cause / Ruling on Garnishee Application
- Outcome
- garnishee order granted; partial settlement of decretal sum ordered; each party to bear own costs
- Judges
- DN Musyoka
- Legal Topics
- Garnishee Orders, Enforcement of Judgments, Joint Bank Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Waithaka Kinyanjui (Deceased)
Respondent
James A. Kinyanjui
Applicant
Procedural Posture
Succession Cause / Ruling on Garnishee Application
Legal Issues
- 1 Whether the garnishee should be ordered to pay the amount standing in the joint account towards settlement of the decretal sum.
- 2 Whether the respondent's failure to reply to the application affects the outcome.
- 3 Whether the joint nature of the account precludes garnishee orders.
Ratio Decidendi
The court found that the respondent, despite being served, failed to reply to the garnishee application. The garnishee (bank) confirmed the existence of the joint account and expressed willingness to comply with the court's directions. The court accepted the applicant's submission that the account was no longer jointly operated and, in the absence of opposition, directed the garnishee to pay the amount standing in the account towards partial settlement of the decretal sum. The court further ordered that each party bear their own costs.
Court Disposition
garnishee order granted; partial settlement of decretal sum ordered; each party to bear own costs
Orders
- The garnishee shall pay to the decree-holder the amount standing on A/C No. [particulars withheld] Kawangware Branch in partial settlement of the decretal sum.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 3154 OF 2003
IN THE ESTATE OF JAMES WAITHAKA KINYANJUI (DECEASED)
RULING
1. Garnishee orders were made on 25th June 2014 by Kimaru J. It was directed that the garnishee and the respondent be served with the application dated 25th June 2014.
2. The garnishee, upon being served, replied to the application through the manager of its Kawangware Branch, in an affidavit sworn on 8th August 2014. It is conceded that the bank account in question in the name of the respondent, but pointed out that the same is jointly held with another person. The garnishee states that it awaits directions from the court.
3. The affidavit of service on record sworn on 30th September 2014 by Isaac Kibera, process server, indicates that the respondent was served on 30th September 2014. The said respondent did not reply to the application.
4. I have noted from the affidavit of the garnishee that the account in question is held by the respondent and a James A. Kinyanjui. It would appear that the same James A. Kinyanjui is the first applicant in the Motion of 19th March 2014. It was submitted by his advocate on 8th October 2014 that he stopped operating the account jointly by with the respondent a long time ago.
5. As the respondent has failed to appear and reply to the application, and as the garnishee has appeared and stated itself to be open to any directions from the court, it is hereby directed that the garnishee shall pay to the decree-holder the amount standing on A/C No. [particulars withheld] Kawangware Branch in partial settlement of the decretal sum. Each party shall bear their own costs. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF MAY, 2015.
W. MUSYOKA
JUDGE
In the presence of ……………………. advocate for the applicant.
In the presence of …………………. advocate for the respondents.