[2020] KECPT 116 (KLR)
The Tribunal found that the Garnishee, having been duly served with the application and the order nisi, failed to appear or show cause as to why the decretal amount, costs, and interest should not be paid from the shares and dividends held on behalf of the Judgment Debtor. In the absence of any opposition or...
Source-derived case information.
- Citation
- [2020] KECPT 116 (KLR)
- Parties
- Applicant: Jane Peninah Atieno Omange; Respondent: Kimute Co-operative Savings and Credit Society; Respondent: Co-operative Bank of Kenya Limited
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 16 of 2015
- Procedural Posture
- Garnishee Application / Ruling on Notice of Motion for Garnishee Orders
- Outcome
- Order nisi confirmed; Garnishee ordered to pay decretal sum, costs, and interest.
- Legal Topics
- Garnishee Proceedings, Enforcement of Decrees, Attachment of Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Peninah Atieno Omange
Applicant
Kimute Co-operative Savings and Credit Society
Respondent
Co-operative Bank of Kenya Limited
Respondent
Procedural Posture
Garnishee Application / Ruling on Notice of Motion for Garnishee Orders
Legal Issues
- 1 Whether the Garnishee should be ordered to pay the decretal sum owed by the Judgment Debtor to the Decree Holder.
- 2 Whether shares and dividends held by the Garnishee on behalf of the Judgment Debtor can be attached to satisfy the decree.
- 3 Whether a licensed stock broker should be appointed to sell the shares to settle the decretal amount.
Ratio Decidendi
The Tribunal found that the Garnishee, having been duly served with the application and the order nisi, failed to appear or show cause as to why the decretal amount, costs, and interest should not be paid from the shares and dividends held on behalf of the Judgment Debtor. In the absence of any opposition or explanation from the Garnishee, the Tribunal confirmed the order nisi and directed that the decretal sum of Kshs.120,000, together with costs of Kshs.51,940 and the costs of the application, be paid by the Garnishee. The Tribunal further indicated that, if necessary, a licensed stock broker may be appointed to sell the shares to satisfy the decree. The decision was made in accordance...
Court Disposition
Order nisi confirmed; Garnishee ordered to pay decretal sum, costs, and interest.
Orders
- Order nisi issued on 4.12.2019 against the Garnishee is confirmed.
- Garnishee to pay the decretal amount of Kshs.120,000, costs of Kshs.51,940, and costs of the application, plus interest at court rates from 2007 until full satisfaction of the decree.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT KISUMU
TRIBUNAL CASE NO. 16 OF 2015
JANE PENINAH ATIENO OMANGE...........................................CLAIMANT
VERSUS
KIMUTE CO-OPERATIVE SAVINGS AND
CREDIT SOCIETY....................................................................RESPONDENT
AND
CO-OPERATIVE BANK OF KENYA LIMITED....................GARNISHEE
RULING
Notice of Motion dated 19. 11. 2019 seeking the following orders :
1. Spent
2. Spent
3. Spent
4. Spent
5. That the Garnishee to appear before the Tribunal to show cause why all shares and dividends owned by the Judgment Debtor and held by itself should not be attached so as to settle the decretal amount of Kshs.120,000/= including interest at court rates from 2007 until full satisfaction of the decree together with costs of the suit of Kshs.51,940/- and interest thereon.
6. That the Tribunal be pleased to appoint a duly licensed stock broker to sell the shares owned by the Judgment Debtor and held by the Garnishee to answer the decretal sum of Kshs.120,000/= including interest at court rates from 2007 until full satisfaction of the decree together with costs of Kshs.51,940 and interest thereon.
7. That the costs of this Application be awarded to the Decree Holder.
The Application is based on the grounds on the face of the Application and supported by Miriam Omongo Advocate deponed on 19. 11. 2019.
The Application was duly served together with the Order Nisi issued against the Garnishee as per Affidavit of Service filed on 14. 2.2020. There was no appearance nor Grounds of Opposition or Replying Affidavit filed by the Garnishee in respect of the said Application.
The Garnishee did not therefore show cause as to why they should not settle the decretal amount plus costs and interest.
In the circumstances, we accordingly confirm the Order Nisi issued on 4. 12. 2019 against Garnishee herein for the decretal amount of Kshs.120,000/=, costs at Kshs.51,940/= plus costs of this Application.
Read and delivered in accordance with the guidelines issued by the Hon. Chief Justice on 15. 3.2020, this 21st day of May, 2020.
Prepared by Hon. B. Kimemia Chairman, Hon. F. Terer Deputy Chairman, P. Gichuki Member.
With consent of the parties, the final orders to be delivered by email, as accordance to the prevailing measures during the covid-19.
Hon. B. Kimemia Chairman Signed 21. 5.2020
Hon. F. Terer Deputy Chairman Signed 21. 5.2020
P. Gichuki Member Signed 21. 5.2020