[2012] KEHC 3289 (KLR)
The court found that the defendant had repeatedly failed to comply with its orders, specifically the order to supply bank statements and to satisfy the judgment entered on 21st October 2010. The defendant's conduct amounted to persistent non-compliance and disregard of the court's authority. In light of this, and...
Source-derived case information.
- Citation
- [2012] KEHC 3289 (KLR)
- Parties
- Plaintiff: Lily K. Musinga, Joseph M. Munyithya, William O. Wameyo (formerly trading as Musinga Munyithya & Co. Advocates); Defendant: Municipal Council of Mombasa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 23 of 2010
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Enforcement Application
- Outcome
- Leave granted to the plaintiffs to attach the defendant's bank accounts; costs awarded to the plaintiffs.
- Legal Topics
- Enforcement of Judgments, Attachment of Bank Accounts, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lily K. Musinga, Joseph M. Munyithya, William O. Wameyo (formerly trading as Musinga Munyithya & Co. Advocates)
Plaintiff
Municipal Council of Mombasa
Defendant
Procedural Posture
Civil Suit / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the defendant has complied with the court order to supply bank statements as previously directed.
- 2 Whether the plaintiffs are entitled to attach the defendant's bank accounts to satisfy the judgment.
- 3 Whether the defendant's continued non-compliance justifies granting leave for attachment.
Ratio Decidendi
The court found that the defendant had repeatedly failed to comply with its orders, specifically the order to supply bank statements and to satisfy the judgment entered on 21st October 2010. The defendant's conduct amounted to persistent non-compliance and disregard of the court's authority. In light of this, and pursuant to the powers conferred by the Local Government Act and the Civil Procedure Rules, the court determined that it was necessary and just to grant the plaintiffs leave to attach the defendant's money held in its bank accounts to satisfy the outstanding judgment. The court also awarded the plaintiffs the costs of the application.
Court Disposition
Leave granted to the plaintiffs to attach the defendant's bank accounts; costs awarded to the plaintiffs.
Orders
- Leave is hereby granted to the plaintiffs to attach the defendant’s money held in its various bank accounts in satisfaction of the judgment in this case.
- The plaintiffs are awarded costs of the application dated 1st March 2011.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATMOMBASA
CIVIL SUIT 23 OF 2010
LILY K. MUSINGA
JOSEPH M. MUNYITHYA
WILLIAM O. WAMEYO
All formerly trading asMUSINGA MUNYITHYA& Co. Advocates………………..PLAINTIFFS
VERSUS
MUNICIPAL COUNCIL OF MOMBASA…….....................................………….…….DEFENDANT
RULING
This ruling is further to the one delivered on 16th February 2012. By that ruling the defendant was ordered to supply its bank statements to the plaintiffs and the court within 30 days of that ruling. The court ruled on that day that after the defendant supply those statements further directions would be given. The defendant filed in court a bundle of budget summary statements for the year 2010/2011. It did not supply as ordered by the court its banks statements. In submissions the plaintiff’s counsel stated that even on the basis of those statements the court should proceed to order the attachment of the defendant’s bank accounts to satisfy the judgment in this matter.
The defendant has time and time again, avoided to honour the judgment of this court entered on 21st October 2010. It has failed to obey the court order requiring it to file its bank statements. The town clerk of the defendant has failed to pay the judgment of the plaintiffs as required under section 263 A of Local Government Act Cap 265. The court therefore finds that it is necessary to make the following orders:
1. Leave is hereby granted to the plaintiffs to attach the defendant’s money held in its various bank accounts in satisfaction of the judgment in this case.
2. The plaintiffs’ are awarded costs of the application dated 1st march 2011.
DATEDand DELIVERED at MOMBASA this 5thday of July, 2012.
Mary Kasango
JUDGE