[2009] KEHC 771 (KLR)
The court found that the application for a garnishee order was meritorious as it was properly brought under the relevant provisions of the Civil Procedure Rules and Act. The plaintiffs, as decree holders, demonstrated that there were monies held by the garnishee bank in the defendants' account that could be attached...
Source-derived case information.
- Citation
- [2009] KEHC 771 (KLR)
- Parties
- Plaintiff: Johnson Wachira Mugo; Plaintiff: Moses Wangai Njoroge; Plaintiff: Elizabeth Savethi Wangai; Plaintiff: Florence Soila Ngossorr; Defendant: Sasanet Investments Co-operative Society Limited; Defendant: Sasanet Limited; Defendant: Michael Chege; Defendant: Sammy Gitau; Garnishee: Equity Bank Limited (Upperhill Branch)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 479 of 2007
- Procedural Posture
- Civil Case / Ruling on Ex Parte Garnishee Application
- Outcome
- application allowed in terms of prayer No. 2; garnishee to show cause
- Judges
- A. Ong’injo
- Legal Topics
- Garnishee Orders, Execution of Decrees, Attachment of Debts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Wachira Mugo
Plaintiff
Moses Wangai Njoroge
Plaintiff
Elizabeth Savethi Wangai
Plaintiff
Florence Soila Ngossorr
Plaintiff
Sasanet Investments Co-operative Society Limited
Defendant
Sasanet Limited
Defendant
Michael Chege
Defendant
Sammy Gitau
Defendant
Equity Bank Limited (Upperhill Branch)
Garnishee
Procedural Posture
Civil Case / Ruling on Ex Parte Garnishee Application
Legal Issues
- 1 Whether the plaintiffs are entitled to a garnishee order attaching monies held by the garnishee bank in satisfaction of the decree.
- 2 Whether the garnishee should be ordered to show cause why it should not pay the decree holders the amount held in the account.
Ratio Decidendi
The court found that the application for a garnishee order was meritorious as it was properly brought under the relevant provisions of the Civil Procedure Rules and Act. The plaintiffs, as decree holders, demonstrated that there were monies held by the garnishee bank in the defendants' account that could be attached in satisfaction of the decree. The court exercised its discretion to grant prayer No. 2 of the application, ordering the garnishee to attend court and show cause why it should not pay the decree holders the amount held in the account, thereby facilitating the execution of the judgment in accordance with the law.
Court Disposition
application allowed in terms of prayer No. 2; garnishee to show cause
Orders
- The garnishee is ordered to attend court on a date to be fixed to show cause why it should not pay the decree holders the amount held in the specified account in satisfaction of the decree.
- The applicant to serve the application for interpartes hearing on 30th November, 2009.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 479 of 2007
JOHNSON WACHIRA MUGO……………………………..1ST PLAINTIFF
MOSES WANGAI NJOROGE……………………………..2ND PLAINTIFF
ELIZABETH SAVETHI WANGAI………………………...3RD PLAINTIFF
FLORENCESOILA NGOSSORR……………………..….4TH PLAINTIFF
VERSUS
SASANET INVESTMENTS
CO-OPERATIVE SOCIETY LIMITED……..….…..…1ST DEFENDANT
SASANET LIMITED……………………………….…..…2ND DEFENDANT
MICHAEL CHEGE……………………………….….......3RD DEFENDANT
SAMMY GITAU…………………………………….....….4TH DEFENDANT
AND
EQUITY BANK LIMITED
(UPPERHILL BRANCH)……………………………….……..GARNISHEE
R U L I N G
The application has been brought through chamber summons – (ex-parte) under Order XXII Rule (1) (2) (3) and (4) and rule 10 of the Civil Procedure rules and Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya. The application seeks the following orders:
1. THAT all debts and monies owing, belonging, accruing and or due and payable to the Defendant being held by the Garnishee in their Bank Account Nos. Equity Bank Ltd. – A/C. No.0180290109739 – (Upperhill Branch) be attached in whole or part satisfaction of the decree herein,
2. THAT the garnishee to attend court on a day to be decided by the court to show cause if any why it should not pay the Decree Holders/Plaintiffs the entire amount held in its account in part or whole satisfaction of the Decree.
3. THAT the cost of the Application be paid by the Judgment Debtors herein.
Upon hearing Counsel for the ex-parte applicant on his application dated 5th November, 2009, and upon reading the application as filed together with the annexure to the supporting affidavit, this court is satisfied that the same is meritorious. Accordingly, I allow the application in terms of prayer No. 2 thereof.
The applicant to serve the application for interpartes hearing on 30th November, 2009.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:
Mr. Mungai - Applicant’s counsel.
MUGA APONDI
JUDGE
16TH NOVEMBER 2009