[2020] KEELRC 168 (KLR)
The court found that the 1st garnishee, Kenya Commercial Bank, did not oppose the application and there was no evidence to suggest that the account did not hold sufficient funds. Therefore, the application against the 1st garnishee was meritorious and a garnishee order absolute was granted as prayed. However, the...
Source-derived case information.
- Citation
- [2020] KEELRC 168 (KLR)
- Parties
- Applicant: Joshua O. Ogalo; Respondent: Kenya National Union of Teachers (KNUT); Respondent: Kisumu East Branch; Garnishee: Kenya Commercial Bank Limited (Moi Avenue Branch); Garnishee: Kisumu Teachers Savings and Credit Co-operative Society
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 46 of 2019
- Procedural Posture
- Garnishee Application / Ruling on Application for Garnishee Order Absolute
- Outcome
- partly allowed
- Judges
- MN Nduma
- Legal Topics
- Garnishee Orders, Judgment Enforcement, Attachment of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua O. Ogalo
Applicant
Kenya National Union of Teachers (KNUT)
Respondent
Kisumu East Branch
Respondent
Kenya Commercial Bank Limited (Moi Avenue Branch)
Garnishee
Kisumu Teachers Savings and Credit Co-operative Society
Garnishee
Procedural Posture
Garnishee Application / Ruling on Application for Garnishee Order Absolute
Legal Issues
- 1 Whether the applicant is entitled to a garnishee order absolute against the 1st and 2nd garnishees for the sum of Kshs. 1,141,003.05.
- 2 Whether the funds in the accounts of the garnishees are sufficient to satisfy the judgment debt.
- 3 Whether costs should be awarded to the applicant and the 1st garnishee.
Ratio Decidendi
The court found that the 1st garnishee, Kenya Commercial Bank, did not oppose the application and there was no evidence to suggest that the account did not hold sufficient funds. Therefore, the application against the 1st garnishee was meritorious and a garnishee order absolute was granted as prayed. However, the 2nd garnishee demonstrated that the account held only Kshs. 975.98, making it impossible to satisfy the judgment debt, and thus the application against the 2nd garnishee was dismissed. The court also awarded costs of the application, including those incurred by the 1st garnishee, to the applicant.
Court Disposition
partly allowed
Orders
- A garnishee order absolute is issued attaching Kshs. 1,141,003.05 from account No. 1107635463 at Kenya Commercial Bank (Moi Avenue Branch) in the name of Kenya National Union of Teachers for payment to the claimant’s account at Standard Bank Limited Kisumu branch.
- The application against the 2nd garnishee is dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 46 OF 2019
JOSHUA O. OGALO...........................................................................CLAIMANT
VERSUS
KENYA NATIONAL UNION OF TEACHERS (KNUT).....1ST RESPONDENT
KISUMU EAST BRANCH......................................................2ND RESPONDENT
KENYA COMMERCIAL BANK LIMITED
(MOI AVENUE BRANCH).........................................................1ST GARNISHEE
KISUMU TEACHERS SAVINGS AND CREDIT
CO-OPERATIVE SOCIETY......................................................2ND GARNISHEE
RULING
1. The Claimant/applicant prays for a Garnishee Order attaching Kshs. 1,141,003. 05 together with costs from account Number 1107635463 Kenya Commercial Bank, (KCB) Moi Avenue Branch in the name of Kenya National Union of Teachers, and/or Account number 11609 held at Kisumu Teachers Savings and Credit Co-operative Society in the name of Kenya National Union of Teachers, Kisumu East Branch for payment to the Claimants Account Number 0100323625500 held at Standard Bank Limited Kisumu Branch.
2. Garnishee Order Nisi was granted and now the applicant prays for Garnishee Order absolute. The application is opposed vide a replying affidavit of Allan Kawa, the General Manager of the 2nd Garnishee, Kisumu Teachers Savings and Credit Co-operative Society in which it states that as at 18/6/2020, the account sought to be attached only held Kshs.975. 98 and issuance of a garnishee Order absolute as requested for a sum of Kshs.141,00305 would serve no useful purpose as it would be incapable of being fulfilled.
3. The 1st Garnishee Kenya Commercial Bank limited has not replied to the application. The Court finds the application against the 1st Garnishee meritorious and grants the same as prayed. The application against the 2nd Garnishee is dismissed.
4. In the final analysis the Court issues an Order in the following terms:-
(a) A Garnishee Order absolute attaching Kshs. 1,141,003. 05 together with costs from account No. 1107635463, Kenya Commercial Bank (KCB) Moi Avenue Branch in the name of Kenya National Union of Teachers for payment to the Claimant’s Account No.0100323625500 held at the Standard Bank Limited Kisumu branch is issued.
(b) Costs of the application including costs incurred by the 1st Garnishee are awarded.
Dated and delivered at Nairobi this 27th day of November, 2020
MATHEWS N. NDUMA
JUDGE
ORDER
In view of the declaration of measures restricting court of operations due 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 to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
MATHEWS N. NDUMA
JUDGE
Appearances
Mr. Rakoro for Claimant/Applicant
Mr. Sigei for respondent
Chrispo – Court Clerk