[2009] KEHC 773 (KLR)
The court found that the applicant had satisfied the requirements for the issuance of a garnishee order nisi by demonstrating the existence of a valid decree and the likelihood of funds being held by the garnishee on behalf of the judgment debtor. The application was supported by affidavit evidence and was unopposed...
Source-derived case information.
- Citation
- [2009] KEHC 773 (KLR)
- Parties
- Plaintiff: Mary Wambui Njoroge; Defendant: Sasanet Investments Co-operative Society Limited; Garnishee: Co-operative Bank of Kenya Limited (City Hall Branch)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 167 of 2008
- Procedural Posture
- Civil Case / Ruling on Ex Parte Garnishee Application
- Outcome
- Application allowed in terms of prayer No. 2; garnishee to attend court to show cause.
- Judges
- A. Ong’injo
- Legal Topics
- Garnishee Orders, Execution of Decrees, Bank Accounts Attachment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Njoroge
Plaintiff
Sasanet Investments Co-operative Society Limited
Defendant
Co-operative Bank of Kenya Limited (City Hall Branch)
Garnishee
Procedural Posture
Civil Case / Ruling on Ex Parte Garnishee Application
Legal Issues
- 1 Whether the plaintiff is entitled to a garnishee order nisi against the defendant's bank account.
- 2 Whether the garnishee should be compelled to show cause why it should not pay the decree holder the monies held in the defendant's account.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for the issuance of a garnishee order nisi by demonstrating the existence of a valid decree and the likelihood of funds being held by the garnishee on behalf of the judgment debtor. The application was supported by affidavit evidence and was unopposed at this ex-parte stage. The court exercised its discretion under the Civil Procedure Rules and Act to grant prayer No. 2 of the application, directing the garnishee to attend court and show cause why it should not pay the decree holder the monies held in the defendant's account, pending interpartes hearing.
Court Disposition
Application allowed in terms of prayer No. 2; garnishee to attend court to show cause.
Orders
- Garnishee to attend court to show cause why it should not pay the decree holder the monies held in the defendant's account.
- Applicant to serve the application for interpartes hearing on 30th November, 2009.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 167 of 2008
MARY WAMBUI NJOROGE………………………………..PLAINTIFF
VERSUS
SASANET INVESTMENTS
CO-OPERATIVE SOCIETY LIMITED…………………1ST DEFENDANT
AND
CO-OPERATIVE BANK OF KENYA LIMITED
(CITY HALL 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. Co-operative Bank of Kenya Ltd. – A/C. No.2092925900 – (City Hall Branch).
2. THAT the garnishee to attend court on a day to be chosen 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