[2021] KEHC 7738 (KLR)
The court found that the applicant had properly served the order nisi and application on both the judgment-debtor and the garnishee. Neither party filed any response or objection, and the garnishee did not dispute holding the attached funds. In the absence of opposition, and upon confirmation that the funds were...
Source-derived case information.
- Citation
- [2021] KEHC 7738 (KLR)
- Parties
- Applicant: Patrick L. Otieno – Oyoo t/a Oyoo and Company Advocates; Respondent: Africa Merchant Assurance Co. Ltd; Respondent: Diamond Trust Bank Kenya Limited
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 5, 6, 7, 9 – 24 & 26 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Garnishee Application
- Outcome
- application granted; order nisi made absolute
- Judges
- RE Aburili
- Legal Topics
- Garnishee Proceedings, Enforcement of Decree, Advocate Client Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick L. Otieno – Oyoo t/a Oyoo and Company Advocates
Applicant
Africa Merchant Assurance Co. Ltd
Respondent
Diamond Trust Bank Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Garnishee Application
Legal Issues
- 1 Whether the applicant is entitled to attach monies held by the garnishee on behalf of the judgment-debtor to satisfy the decree.
- 2 Whether the order nisi should be made absolute in the absence of opposition from the respondent or garnishee.
Ratio Decidendi
The court found that the applicant had properly served the order nisi and application on both the judgment-debtor and the garnishee. Neither party filed any response or objection, and the garnishee did not dispute holding the attached funds. In the absence of opposition, and upon confirmation that the funds were available in the specified accounts, the court confirmed the order nisi and made it absolute, directing the garnishee to release the attached sum to the applicant in satisfaction of the decree and costs.
Court Disposition
application granted; order nisi made absolute
Orders
- The order nisi made on 12.4.2021 is confirmed and made absolute.
- Diamond Trust Bank Kenya Limited is ordered to release KShs.2,900,000 to the decree-holder from the specified accounts in satisfaction of the decree against Africa Merchant Assurance Company Limited.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS CIVIL APPLICATION NO. 5 OF 2020
CONDOLIDATED WITH
MISCELLEANOUS CIVIL APPLICATIONS 6, 7, 9 – 24 AND 26 ALL OF 2020
AND
IN THE MATTER OF THE ADVOCATES ACT
AND
IN THE MATTER OF AN ADVOCATE/CLIENT BILL OF COSTS
BETWEEN
PATRICK L. OTIENO – OYOO T/AOYOO AND COMPANY ADVOCATES.....APPLICANT/DECREE-HOLDER
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD............................................RESPONDENT/JUDGMENT-DEEBTOR
AND
DIAMOND TRUST BANK KENYA LIMITED..............................................................................................GARNISHEE
RULING
1. On 12. 4.2021 this Court received and considered an exparte application by the Decree-Holder/Applicant herein, brought Under Certificate of Urgency, seeking to attach monies held by the Ganishee Diamond Trust Bank Limited on behalf of the Judgment-Debtor, Africa Merchant Assurance Company Limited in Current Account Number 365537001 and fixed Deposit Account No. FDLC 202730002 and FDLC 201750001 at the Garnishee’s – Capital Centre Branch, Nairobi and Funzi Road Branch, Nairobi, be attached in satisfaction of the decree of this court.
2. The Court granted Order Nisi attaching KShs.2,900,000/= to satisfy decree and costs of these Garnishee proceedings.
3. The Respondent/Judgment –Debtor and Garnishee were served with Order Nisi and application for interpartes hearing today but they have not responded and neither does the Garnishee dispute the fact that it holds the amount attached, despite service of the Order Nisi.
4. Accordingly, I confirm the Orders Nisi made on 12. 4.2021 and Order that the Order Nisi made on 12. 4.2021 is hereby made Order Absolute for the Garnishee Diamond Trust Bank Limited to release to the Decree-Holder a sum of KShs.2,900,000/= in execution of decree of this Court against the Judgment-Debtor Africa Merchant Assurance Company Limited issued on 2. 3.2021, from Account Nos.36553700/= Current Account and Fixed Deposit Account No. FDLC 202730002 and FDLC 20175000/= held at the Garnishee’s Capital Centre Branch, Nairobi and Funzi Road Branch, Nairobi, Respectively.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF APRIL, 2021
R.E. ABURILI
JUDGE