[2020] KEHC 8972 (KLR)
The court found that the 2nd garnishee held no funds for the judgment debtor and the 3rd garnishee's funds were already attached by a prior order, thus no further attachment could be made. The 1st garnishee, DTB Bank Limited, failed to respond or dispute liability after being served, and therefore the garnishee...
Source-derived case information.
- Citation
- [2020] KEHC 8972 (KLR)
- Parties
- Applicant: Robson Harris & Company Advocates; Respondent: Invesco Assurance Company Limited; Garnishee: DTB Bank Limited; Garnishee: Cooperative Bank Limited; Garnishee: Family Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E196 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Garnishee Order Nisi
- Outcome
- Garnishee order nisi made absolute against 1st garnishee; discharged as to 2nd and 3rd garnishees; costs awarded to 2nd and 3rd garnishees.
- Judges
- DAS Majanja
- Legal Topics
- Garnishee Proceedings, Enforcement of Judgments, Decretal Amounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robson Harris & Company Advocates
Applicant
Invesco Assurance Company Limited
Respondent
DTB Bank Limited
Garnishee
Cooperative Bank Limited
Garnishee
Family Bank Limited
Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Garnishee Order Nisi
Legal Issues
- 1 Whether the garnishee order nisi against the three banks should be made absolute.
- 2 Whether the 2nd and 3rd garnishees hold funds for the judgment debtor that can be attached.
- 3 Whether costs should be awarded to the 2nd and 3rd garnishees.
Ratio Decidendi
The court found that the 2nd garnishee held no funds for the judgment debtor and the 3rd garnishee's funds were already attached by a prior order, thus no further attachment could be made. The 1st garnishee, DTB Bank Limited, failed to respond or dispute liability after being served, and therefore the garnishee order nisi against it was made absolute. Costs were awarded to the 2nd and 3rd garnishees due to their successful opposition to the attachment.
Court Disposition
Garnishee order nisi made absolute against 1st garnishee; discharged as to 2nd and 3rd garnishees; costs awarded to 2nd and 3rd garnishees.
Orders
- Garnishee order nisi against DTB Bank Limited is made absolute.
- Garnishee order nisi against Cooperative Bank Limited and Family Bank Limited is discharged.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CORAM: D. S. MAJANJA J.
MISCELLANEOUS CASE NO. E196 OF 2019
BETWEEN
ROBSON HARRIS & COMPANY ADVOCATES................................DECREE HOLDER
AND
INVESCO ASSURANCE COMPANY LIMITED.........................................RESPONDENT
AND
DTB BANK LIMITED.................................................................................1ST GARNISHEE
COOPERATIVE BANK LIMITED.......................................................... 2ND GARNISHEE
FAMILY BANK LIMITED.........................................................................3RD GARNISHEE
RULING
1. I have considered the Chamber Summons dated 17th December 2019 seeking garnishee order nisi made on 19th December 2019 against DTB Bank Ltd., Cooperative Bank Limited and Family Bank Limited for the amount of Kshs. 6,380,000 being the decretal amount to be made absolute.
2. The 1st garnishee, DTB Bank Limited, has not filed a replying affidavit. The 2nd garnishee, Cooperative Bank Limited through the affidavit of Judy Nyawara sworn on 16th January 2020 has deponed that it has no credit balance in the judgment debtor’s favour. The 3rd garnishee, Family Bank Limited, through the affidavit of Julius Mbugua Wachira sworn on 23rd December 2019 states that it has a credit balance of Kshs. 2,871,454. 38 in favour of the Judgment Debtor however, the same it attached by an order dated 1st October 2019 in HC Miscellaneous Application No. E181 of 2019 between the same parties.
3. In the circumstances, I discharge the garnishee order nisi in respect of the 2nd and 3rd garnishee. As the 1st garnishee, DTB Bank Limited, was served on 30th December 2019 and has not filed any replying affidavit, the garnishee order nisi in respect of DTB Bank Limited is now made absolute.
4. The applicant/decree holder shall pay costs of Kshs. 10,000/= each to the 2nd and 3rd garnishee.
DATEDand DELIVERED at NAIROBI this28thday of JANUARY,2020.
DAVID S. MAJANJA
JUDGE
Court Assistant: Mr. M. Onyango
Mr. Ratemo for the Decree Holder
Ms. Muvindeje for the 3rd Garnishee
Mr. Otieno or Mr. Kagicha for 2nd Garnishee