[2020] KEELRC 639 (KLR)
The court found that the garnishee, ABSA Bank Kenya Limited, had confirmed the existence of sufficient funds in the respondent/judgment debtor's account to satisfy the decree issued on 20th September 2018. The respondent/judgment debtor failed to file any response or objection to the garnishee application. In the...
Source-derived case information.
- Citation
- [2020] KEELRC 639 (KLR)
- Parties
- Applicant: James Ketta; Respondent: Quality Inspectors Limited; Respondent: ABSA Bank Kenya Limited (formerly Barclays Bank of Kenya)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 364 of 2017
- Procedural Posture
- Garnishee Application / Ruling on Decree Absolute for Garnishee Order
- Outcome
- garnishee order absolute granted in favour of the claimant; costs awarded to claimant.
- Judges
- L Ndolo
- Legal Topics
- Garnishee Proceedings, Decree Enforcement, Judgment Debtor Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ketta
Applicant
Quality Inspectors Limited
Respondent
ABSA Bank Kenya Limited (formerly Barclays Bank of Kenya)
Respondent
Procedural Posture
Garnishee Application / Ruling on Decree Absolute for Garnishee Order
Legal Issues
- 1 Whether the garnishee holds sufficient funds in the judgment debtor's account to satisfy the court's decree.
- 2 Whether the claimant is entitled to a decree absolute against the garnishee for payment of the decretal sum.
- 3 Whether the respondent/judgment debtor should bear the costs of the garnishee proceedings.
Ratio Decidendi
The court found that the garnishee, ABSA Bank Kenya Limited, had confirmed the existence of sufficient funds in the respondent/judgment debtor's account to satisfy the decree issued on 20th September 2018. The respondent/judgment debtor failed to file any response or objection to the garnishee application. In the absence of any contestation and upon confirmation by the garnishee, the court was satisfied that the requirements for issuing a decree absolute under garnishee proceedings had been met. The court therefore ordered the garnishee to pay the sum of Kshs. 1,353,683 from the respondent's account to the claimant through his advocates, in full satisfaction of the decree. The...
Court Disposition
garnishee order absolute granted in favour of the claimant; costs awarded to claimant.
Orders
- The garnishee, ABSA Bank Kenya Limited, shall pay the sum of Kshs. 1,353,683 from the respondent/judgment debtor's account to the claimant through his advocates.
- The respondent/judgment debtor shall bear the costs of these proceedings.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO 364 OF 2017
JAMES KETTA.................................................CLAIMANT/DECREE HOLDER
VS
QUALITY INSPECTORS LIMITE....D..RESPONDENT/JUDGMENT DEBTOR
AND
ABSA BANK KENYA LIMITED
(FORMERLY BARCLAYS BANK OF KENYA)............................GARNISHEE
RULING
1. On 24th April 2020, I issued an ex parte order attaching the sum of Kshs.1,353,683 held by the Garnishee in the Judgment Debtor’s Account Number [….] domiciled at the Garnishee’s Bunyala Road Branch, Nairobi,towards satisfaction of the Decree of this Court issued on 20th September 2018.
2. I further directed the Claimant/Decree Holder to serve the application electronically on the Respondent/Judgment Debtor and the Garnishee by close of business on Monday, 27thApril 2020.
3. Upon service, the Respondent/Judgment Debtor and the Garnishee were to file and serve their responses electronically by close of business on Thursday, 30thApril 2020.
4. As evidenced by an affidavit of service sworn by the Claimant/Judgment Debtor’s Counsel Permenus Mbugua Mathare on 29th April 2020, both the Respondent/Judgment Debtor were duly served as directed by the Court.
5. By close of business on 30th April 2020, the Respondent/Judgment Debtor had not filed any response to the Claimant/Decree Holder’s application.
6. On its part, the Garnishee filed a replying affidavit sworn by its Legal Counsel, Milkah Maina confirming that there are enough funds in the Respondent/Judgment Debtor’s account aforesaid to satisfy the Decree of this Court issued on 20th September 2018.
7. In light of this and in the absence of any response from the Respondent/Judgment Debtor, I hereby issue a decree absolute directing the Garnishee to pay the sum of Kshs. 1,353,683 from the Respondent/ Judgment Debtor’s Account Number [….] domiciled at theGarnishee’s Bunyala Road Branch, Nairobi, to the Claimant, through his Advocates on record, in satisfaction of the Decree of this Court issued on 20th September 2018.
8. The Respondent/Judgment Debtor will meet the costs of these proceedings.
DATED SIGNED AND DELIVERED AT MACHAKOS THIS 4TH DAY OF MAY2020
LINNET NDOLO
JUDGE
FURTHER ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered electronically.
LINNET NDOLO
JUDGE