[2022] KEELRC 1112 (KLR)

[2022] KEELRC 1112 (KLR)

The court found that the account of the judgment debtor did not have sufficient funds to meet the garnishee order absolute. Consequently, the garnishee order absolute was reversed. The decree holder was granted liberty to execute the decree in any other manner deemed appropriate under the law. The garnishee...

Source-derived case information.

Citation
[2022] KEELRC 1112 (KLR)
Parties
Applicant: Jedidah Waruguru Kimani; Respondent: Belasi Developers; Respondent: Equity Bank (Kenya) Limited; Respondent: Co-operative Bank of Kenya Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 730 of 2019
Procedural Posture
Garnishee Application / Ruling on Garnishee Order Absolute
Outcome
Garnishee order absolute reversed; decree holder at liberty to execute by other means; Co-operative Bank excused.
Judges
Nzioki wa Makau
Legal Topics
Garnishee Proceedings, Execution of Decree, Judgment Creditor Rights
Source Language
en
Employment and Labour Garnishee Proceedings Execution of Decree Judgment Creditor Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jedidah Waruguru Kimani

Applicant

Belasi Developers

Respondent

Equity Bank (Kenya) Limited

Respondent

Co-operative Bank of Kenya Limited

Respondent

Procedural Posture

Garnishee Application / Ruling on Garnishee Order Absolute

Legal Issues

  1. 1 Whether the garnishee order absolute should be sustained given the funds available in the judgment debtor's account.
  2. 2 Whether the decree holder is entitled to execute the decree by other means.

Ratio Decidendi

The court found that the account of the judgment debtor did not have sufficient funds to meet the garnishee order absolute. Consequently, the garnishee order absolute was reversed. The decree holder was granted liberty to execute the decree in any other manner deemed appropriate under the law. The garnishee Co-operative Bank of Kenya Limited was excused from the proceedings as it did not hold any funds for the judgment debtor.

Court Disposition

Garnishee order absolute reversed; decree holder at liberty to execute by other means; Co-operative Bank excused.

Orders

  • The garnishee order absolute is reversed as the judgment debtor's account does not have sufficient funds.
  • The decree holder is at liberty to execute the decree in any other manner deemed appropriate.