[2024] KEHC 1389 (KLR)
The court found that the costs in question had been taxed and the applicant's challenge to the taxation was struck out by a previous ruling. There was no evidence of any further reference or challenge by the applicant. The applicant did not dispute operating the bank account with the garnishee. The court held that...
Source-derived case information.
- Citation
- [2024] KEHC 1389 (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 E025 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Garnishee Application
- Outcome
- Garnishee order nisi made absolute; application allowed.
- 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 attachment of funds held by the applicant in the garnishee bank.
- 2 Whether the applicant was denied notice of taxation and service of decree or certificate of costs.
- 3 Whether the applicant's bank account details were obtained lawfully.
Ratio Decidendi
The court found that the costs in question had been taxed and the applicant's challenge to the taxation was struck out by a previous ruling. There was no evidence of any further reference or challenge by the applicant. The applicant did not dispute operating the bank account with the garnishee. The court held that litigation must come to an end and, since the garnishee order nisi had already been issued and the requirements for making it absolute were satisfied, the order was made absolute, allowing the respondent to attach the specified funds in satisfaction of the taxed costs.
Court Disposition
Garnishee order nisi made absolute; application allowed.
Orders
- The garnishee order nisi issued on 9th October 2023 is made absolute.
- The respondent is entitled to attach Kshs. 29,565.00 held by the applicant in the garnishee bank.
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 E025 of 2022) [2024] KEHC 1389 (KLR) (16 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1389 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Civil Case E025 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 Kshs. 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.