[2015] KEHC 3799 (KLR)
The court found that since the decretal sum had been deposited as previously ordered, the garnishee order nisi should be discharged. Further, the 2nd garnishee, having successfully defended the garnishee proceedings and in light of the Advocates (Remuneration) Order, 2011, was entitled to costs. The amount of KShs....
Source-derived case information.
- Citation
- [2015] KEHC 3799 (KLR)
- Parties
- Plaintiff: Kwengu & Company Advocates; Defendant: Invesco Assurance Company Ltd; Garnishee: Equity Bank Limited; Garnishee: Diamond Trust Bank Kenya Limited; Garnishee: Co-operative Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 145 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Garnishee Discharge and Costs
- Outcome
- Garnishee order nisi discharged; 2nd garnishee awarded costs.
- Legal Topics
- Garnishee Proceedings, Costs Award, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kwengu & Company Advocates
Plaintiff
Invesco Assurance Company Ltd
Defendant
Equity Bank Limited
Garnishee
Diamond Trust Bank Kenya Limited
Garnishee
Co-operative Bank Limited
Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Garnishee Discharge and Costs
Legal Issues
- 1 Whether the garnishee order nisi should be discharged upon deposit of the decretal sum.
- 2 Whether the 2nd garnishee is entitled to costs for defending the garnishee proceedings.
Ratio Decidendi
The court found that since the decretal sum had been deposited as previously ordered, the garnishee order nisi should be discharged. Further, the 2nd garnishee, having successfully defended the garnishee proceedings and in light of the Advocates (Remuneration) Order, 2011, was entitled to costs. The amount of KShs. 40,000 was deemed reasonable given the statutory minimum and the tasks involved, and there being no objection from any party. Thus, the 2nd garnishee was awarded costs of KShs. 40,000.
Court Disposition
Garnishee order nisi discharged; 2nd garnishee awarded costs.
Orders
- The garnishee order nisi is discharged.
- The 2nd garnishee, Diamond Trust Bank Kenya Limited, is awarded costs of KShs. 40,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 145 OF 2011
KWENGU & COMPANY ADVOCATES.......................PLAINTIFF
VERSUS
INVESCO ASSURANCE COMPANY LTD...............DEFENDANT
AND
1. EQUITY BANK LIMITED
2. DIAMOND TRUST BANK KENYA LIMITED
3. CO-OPERATIVE BANK LIMITED.....................GARNISHEES
RULING
1. This court (Justice Hatari Waweru) on 25th February, 2013 ordered the Defendant to deposit the decretal sum to the tune of KShs. 1. 4 Million in a joint interest earning account in the names of the advocates on record for the Plaintiff and the Defendant. That upon such deposit being made, the garnishee order nisi shall stand discharged.
2. When this matter came up for mention on 4th May, 2015, Mr. Njenga learned counsel for the Plaintiff confirmed that money had been deposited in the said account and that the garnishee should be discharged. At the time an Electronic Fund Transfer had not been received by the Garnishee. When the matter came up for mention again on 8th July, 2015, learned counsel appearing in the matter confirmed that the money had been received and that the garnishee should be discharged. Mr. Kisinga, learned counsel for the 2nd Garnishee however prayed for costs of KShs. 40,000/= which was not objected to.
3. Any party dragged to court by another if he/she succeeds is entitled to recover costs incurred in defending the claim. The Advocates (Remuneration) Order,2011 at Paragraph 5 Section 14 (b) provides for costs of not less than KShs. 25,000/= for defending garnishee proceedings. In light of this provision, the tasks involved herein and the consent of the parties, I find that the said sum is reasonable. The 2nd garnishee therefore shall have costs of KShs. 40,000/=.
Dated, Signed and Delivered in open court this 10th day of July, 2015.
J. K. SERGON
JUDGE
In the presence of:
......................... for the Plaintiff
..........................for the Defendant
..........................for the 2nd Garnishee