[2021] KEELC 2334 (KLR)

[2021] KEELC 2334 (KLR)

The court held that the 2nd defendant, Dagoretti South Constituency Development Fund Committee, is a government agency established to implement national government functions at the constituency level. As such, it is protected from execution and attachment under section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure Rules. The court found that the plaintiff could only recover the judgment debt owed by the 2nd defendant in accordance with the procedure set out in the Government Proceedings Act, specifically by obtaining a certificate of order against the government and seeking payment from the relevant accounting officer. The garnishee proceedings and the order...

Citation
[2021] KEELC 2334 (KLR)
Parties
Plaintiff: Samuel Ngari Githinji; Defendant: The Constituency Development Fund Board; Defendant: Dagoretti South Constituency Development Fund Committee (formerly Dagoretti Constituency Development Fund Committee); Respondent: Equity Bank Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
29 July 2021
Case Number
? 8 of 2015
Procedural Posture
Civil Appeal / Ruling on Appeal From Deputy Registrar's Garnishee Order
Outcome
appeal allowed; orders of deputy registrar set aside; plaintiff's application for attachment dismissed; each party to bear own costs
Legal Topics
Garnishee Proceedings, Government Proceedings Act, Execution of Decrees, Public Bodies Liability, Trespass to Land, Judgment Enforcement
Source Language
English
Civil Procedure Land and Property Administrative Law Garnishee Proceedings Government Proceedings Act Execution of Decrees Public Bodies Liability Trespass to Land +1 more

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Parties

Samuel Ngari Githinji

Plaintiff

The Constituency Development Fund Board

Defendant

Dagoretti South Constituency Development Fund Committee (formerly Dagoretti Constituency Development Fund Committee)

Defendant

Equity Bank Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal From Deputy Registrar's Garnishee Order

Legal Issues

  1. 1 Whether the 2nd defendant is a government agency protected from execution under the Government Proceedings Act and Order 29 of the Civil Procedure Rules.
  2. 2 Whether garnishee proceedings for attachment of the 2nd defendant's bank account were lawful and proper.
  3. 3 Whether the Deputy Registrar erred in confirming the order nisi and allowing execution against the 2nd defendant.

Ratio Decidendi

The court held that the 2nd defendant, Dagoretti South Constituency Development Fund Committee, is a government agency established to implement national government functions at the constituency level. As such, it is protected from execution and attachment under section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure Rules. The court found that the plaintiff could only recover the judgment debt owed by the 2nd defendant in accordance with the procedure set out in the Government Proceedings Act, specifically by obtaining a certificate of order against the government and seeking payment from the relevant accounting officer. The garnishee proceedings and the order...

Court Disposition

appeal allowed; orders of deputy registrar set aside; plaintiff's application for attachment dismissed; each party to bear own costs

Orders

  • The appeal is allowed.
  • The orders made by the Deputy Registrar on 16th February, 2021 are set aside.