[2024] KEHC 1330 (KLR)
The court found that the costs in question had been taxed and the applicant's challenge to the taxation had already been struck out in a previous ruling. There was no evidence of any further reference or challenge by the applicant. The fact that the bank account was operated by the applicant was not disputed. The...
Source-derived case information.
- Citation
- [2024] KEHC 1330 (KLR)
- Parties
- Applicant: Molyn Credit Limited; Respondent: Odeny Maube & Company Advocates; Garnishee: NCBA Bank Kenya
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E026 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Garnishee Application
- Outcome
- garnishee order made absolute in favour of the respondent
- Judges
- WM Musyoka
- Legal Topics
- Garnishee Proceedings, Taxation of Costs, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Molyn Credit Limited
Applicant
Odeny Maube & Company Advocates
Respondent
NCBA Bank Kenya
Garnishee
Procedural Posture
Miscellaneous Civil Case / Ruling on Garnishee Application
Legal Issues
- 1 Whether the respondent is entitled to a garnishee order absolute for the sum of KES 29,565.00 held in the applicant's account with the garnishee.
- 2 Whether the applicant was denied notice of taxation and service of decree or certificate of costs.
- 3 Whether the manner in which the applicant's bank account details were obtained was lawful.
Ratio Decidendi
The court found that the costs in question had been taxed and the applicant's challenge to the taxation had already been struck out in a previous ruling. There was no evidence of any further reference or challenge by the applicant. The fact that the bank account was operated by the applicant was not disputed. The court held that litigation must come to an end and, having already issued a garnishee order nisi, proceeded to make the order absolute, thereby allowing the attachment of the specified sum in the applicant's bank account to satisfy the taxed costs.
Court Disposition
garnishee order made absolute in favour of the respondent
Orders
- The garnishee order nisi issued on 9th October 2023 is made absolute.
- The sum of KES 29,565.00 held in the applicant's account with the garnishee is to be attached and paid out to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Molyn Credit Limited v Odeny Maube & Company Advocates; NCBA Bank Kenya (Garnishee) (Miscellaneous Civil Case E026 of 2022) [2024] KEHC 1330 (KLR) (16 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1330 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Civil Case E026 of 2022
WM Musyoka, J
February 16, 2024
Between
Molyn Credit Limited
Applicant
and
Odeny Maube & Company Advocates
Respondent
and
Ncba Bank Kenya
Garnishee
Ruling
1. The Motion, dated 3rd October 2023, is by the respondent. It is directed at the garnishee, for attachment of a sum of ksh 29,565. 00, held in an account operated by the applicant in the garnishee bank. It also seeks that the garnishee appear in court to show cause why that amount should not be paid out of that account.
2. The application was placed before me, on 9th October 2023. I made an order nisi, and directed service of the application. I allocated 16th October 2023, as the date when the garnishee was to attend court to show cause.
3. There is evidence that the application was served on both the applicant and the garnishee. I see a reply on record, by the applicant. It is averred that the costs in contention were taxed without notice to the applicant, and that no decree or certificate of costs was ever served on them. The applicant also protests that details of its bank account were obtained in a manner that contravened the law. Email correspondence between the court and the Advocates for the applicant is attached, with respect to the ruling on costs. The garnishee did not reply to the Motion.
4. The application was canvassed by way of written submissions, filed by the applicant and the respondent.
5. The assessment of the costs is not disputed. This cause was initiated to challenge the taxation of those costs. I struck out the reference, by a ruling that I delivered herein on 12th May 2023. There is no evidence that the applicant mounted another reference thereafter. As it is, those costs still stand. The fact that the bank account is operated by the applicant is not disputed.
6. There should be an end to litigation. I issued a garnishee order nisi on 9th October 2023, and I hereby make that order absolute. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 16TH DAY OF FEBRUARY 2024W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AppearancesMr. Achero, instructed by Achero Mufuayia & Company, Advocates for The Applicant.Ms. Khisa, instructed by Bruce Odeny & Company, Advocates for the Respondent.