[2016] KEELRC 1416 (KLR)
The court found that the claimant had satisfied the requirements for the issuance of an order nisi under Order 23 of the Civil Procedure Rules. Service of the application was properly effected on the respondents, who failed to appear or oppose the application. The court was satisfied that the funds in the specified...
Source-derived case information.
- Citation
- [2016] KEELRC 1416 (KLR)
- Parties
- Applicant: Raymond Komen; Respondent: The County Government of Nakuru; Respondent: Kinuthia Mbugua
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 44 of 2016
- Procedural Posture
- Garnishee Application / Ruling on Interlocutory Application for Order Nisi and Attachment of Funds
- Outcome
- order nisi granted; application allowed to the extent of the judgment sum
- Judges
- MSA Makhandia
- Legal Topics
- Garnishee Proceedings, Judgment Enforcement, Attachment of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Komen
Applicant
The County Government of Nakuru
Respondent
Kinuthia Mbugua
Respondent
Procedural Posture
Garnishee Application / Ruling on Interlocutory Application for Order Nisi and Attachment of Funds
Legal Issues
- 1 Whether the court should issue an order nisi restraining the respondents from withdrawing monies from specified bank accounts to satisfy the judgment debt.
- 2 Whether the deposits in the specified accounts should be attached to satisfy the judgment issued on 11th March 2016.
Ratio Decidendi
The court found that the claimant had satisfied the requirements for the issuance of an order nisi under Order 23 of the Civil Procedure Rules. Service of the application was properly effected on the respondents, who failed to appear or oppose the application. The court was satisfied that the funds in the specified accounts should be restrained and attached up to the amount of the judgment debt, Kshs 2,016,428.80, to secure satisfaction of the judgment. The court therefore granted the order nisi as sought, limited to the judgment sum, and directed further service and proceedings to allow the respondents and garnishees an opportunity to respond before final attachment.
Court Disposition
order nisi granted; application allowed to the extent of the judgment sum
Orders
- An order nisi is issued restraining the respondents from withdrawing monies from the specified bank accounts up to Kshs 2,016,428.80.
- The application and orders to be served upon the respondents and garnishees.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 44 OF 2016
RAYMOND KOMEN……………………………………CLAIMANT
v
THE COUNTY GOVERNMENT OF NAKURU…1st RESPONDENT
KINUTHIA MBUGUA...……………..…………2nd RESPONDENT
RULING
1. The Court awarded the Claimant Kshs 2,016,428/80 in a judgment delivered on 11 March 2016.
2. On 22 March 2016, the Claimant filed a motion seeking
1.
2. THAT pending the inter partes hearing of this application, the court issues an order nisi restraining the respondent herein from withdrawing monies deposited in the following accounts
Co-operative Bank Account number….. 01141521630800
Kenya Commercial Bank account number….. 1140746057
National Bank account number 010011065283400.
3. THAT upon the interpartes hearing of this application, the court directs that the deposits in any accounts referred to hereinabove be attached to satisfy the judgment issued by this court on 11th March 2016 together with costs and interest.
4. ….
3. The Court directed the motion to be served and set 1 April 2016 as inter partes hearing date.
4. The Respondents did not attend Court on 1 April 2016. On record was an affidavit of service attesting to service of the application upon the firm of Hari Gakinya & Co. Advocates.
5. The Claimant in brief submissions urged the Court to allow the application.
6. The Court has considered the application and order 23 of the Civil Procedure Rules upon which the application is anchored and is satisfied that order 2 as sought ought to be granted but only upto the tune of Kshs 2,016,428/80.
7. The Court therefore
grants order 2 with a directive that an order nisi do issue
orders that the instant application and today’s orders be served upon the Respondents and garnishees
the Respondents/garnishes file any requisite papers before 20 April 2016
Further proceedings on 27 April 2016.
8. Costs in the cause.
Delivered, dated and signed in Nakuru on this 8th day of April 2016.
Radido Stephen
Judge
Appearances
For Claimant Mr. Githui instructed by Githui & Co. Advocates
For Respondents Hari Gakinya & Co. Advocates
Court Assistant Nixon