[2024] KEHC 1326 (KLR)
The court found that since the respondent's account was subject to an overdraft facility and the respondent was indebted to the garnishee, the funds in the account were not available for attachment. Granting the garnishee order would be futile as it would amount to issuing orders in vain. The court emphasized that...
Source-derived case information.
- Citation
- [2024] KEHC 1326 (KLR)
- Parties
- Applicant: Joe Ngigi & Company Advocates LLP; Respondent: Trident Insurance Company Limited; Garnishee: KCB Bank Kenya Ltd (KCB Nairobi High Court Branch)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E638 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Garnishee Application
- Outcome
- application dismissed
- Judges
- JN Mulwa
- Legal Topics
- Garnishee Orders, Execution of Decrees, Attachment of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Ngigi & Company Advocates LLP
Applicant
Trident Insurance Company Limited
Respondent
KCB Bank Kenya Ltd (KCB Nairobi High Court Branch)
Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Garnishee Application
Legal Issues
- 1 Whether a garnishee order nisi should issue against the garnishee to attach funds in the respondent's account for satisfaction of the decretal amount.
- 2 Whether the existence of an overdraft facility and the respondent's indebtedness to the garnishee precludes attachment of the account.
Ratio Decidendi
The court found that since the respondent's account was subject to an overdraft facility and the respondent was indebted to the garnishee, the funds in the account were not available for attachment. Granting the garnishee order would be futile as it would amount to issuing orders in vain. The court emphasized that other modes of execution remain available to the decree holder, but garnishee proceedings cannot succeed where the account is overdrawn or the judgment debtor owes the bank.
Court Disposition
application dismissed
Orders
- The application dated 2/10/2023 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Joe Ngigi & Company Advocates LLP v Trident Insurance Company Limited; KCB Bank Kenya Ltd (KCB Nairobi High Court Branch) (Garnishee) (Miscellaneous Application E638 of 2022) [2024] KEHC 1326 (KLR) (Civ) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1326 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E638 of 2022
JN Mulwa, J
February 15, 2024
Between
Joe Ngigi & Company Advocates Llp
Applicant
and
Trident Insurance Company Limited
Respondent
and
KBC Bank Kenya Ltd (KCB Nairobi High Court Branch)
Garnishee
Ruling
1. By an Application dated 2/10/2023, the Decree Holder/Applicant herein after called D/H seeks orders: -a.Spentb.That Garnishee Orders Nisi do issue against the Garnishee to attach any money held by them in the Respondent’s account number 1121577032 at KCB Bank Kenya Limited at High Court Branch and any other account by the aforesaid in satisfaction of the decretal amount of Kshs. 112,578/=c.That the Garnishee do appear before Court to show cause why they should not pay to the decree holder Kshs. 112,578/= from the account stated at (b) aboved.That the decree nisi be made absolute.
2. By a Replying Affidavit sworn by Wycliffe Ochieng Branch Manager of the Garnishees Bank KCB High Court Branch, it is deposed that as at 13/10/2023, the J/D’s account held a credit balance of Kshs. 3,630,093. 29 and that the J/D has an overdraft loan facility of Kshs. 7. 5 million and therefore the J/D is indebted to the Garnishee therefore it is not able to attach the said account as sought by the Decree Holder and further that the said amount has been locked or attached and that the Garnishee does not hold another account on behalf of the J/D.
3. In view of the above averments that have not been challenged the Decree Holder cannot be granted prayers it seeks as doing so would be issuing orders in vain. Suffice to state that there are several other modes available to the Decree Holder in execution of decrees that the Decree Holder may wish to explore.The Application dated 2/10/2023 is dismissed with no orders on costs.Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF FEBRUARY, 2024. J. N. MULWAJUDGE