[2015] KEELRC 1494 (KLR)
The court found that the judgment-debtor had failed to appear or contest the garnishee application, and that the claimant had demonstrated that a balance of Ksh.43,000.00 remained unpaid on the decretal amount, with taxed costs of Ksh.182,614.43 also outstanding. The court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2015] KEELRC 1494 (KLR)
- Parties
- Applicant: Veronicah Musyoka; Respondent: Payless Car Hire & Tours Ltd T/A Budget Rent A Car of Kenya; Respondent: Eco Bank Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 436(N) of 2009
- Procedural Posture
- Garnishee Application / Ruling on Application for Garnishee Absolute
- Outcome
- application for garnishee absolute granted
- Legal Topics
- Garnishee Proceedings, Decretal Amounts, Costs Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronicah Musyoka
Applicant
Payless Car Hire & Tours Ltd T/A Budget Rent A Car of Kenya
Respondent
Eco Bank Limited
Respondent
Procedural Posture
Garnishee Application / Ruling on Application for Garnishee Absolute
Legal Issues
- 1 Whether the claimant is entitled to an order for garnishee absolute for the outstanding decretal amount and taxed costs.
Ratio Decidendi
The court found that the judgment-debtor had failed to appear or contest the garnishee application, and that the claimant had demonstrated that a balance of Ksh.43,000.00 remained unpaid on the decretal amount, with taxed costs of Ksh.182,614.43 also outstanding. The court was satisfied that the requirements for granting a garnishee absolute order had been met, and accordingly granted the application as prayed in prayer 3 of the Notice of Motion dated 1st October, 2014.
Court Disposition
application for garnishee absolute granted
Orders
- Order for garnishee absolute granted in terms of prayer 3 of the Notice of Motion dated 1st October, 2014.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 436(N) OF 2009
VERONICAH MUSYOKA …………….…..……..…… CLAIMANT
VERSU
PAYLESS CAR HIRE & TOURS LTD
T/A BUDGET RENT A CAR OF KENYA ……….... RESPONDENT
ECO BANK LIMITED………………………….……. GARNISHEE
RULING
1. This Application seeking an order for garnishee absolute was heard exparte on 11th December, 2014, the judgment - debtor being in default of appearance.The decretal amount in this suit has been paid except for a balance of Ksh.43,000. 00
2. Costs of the suit were later taxed at Ksh.182,614. 43.
3. The court has considered the papers filed on record and the submissions by Mr. Gatheru Gathemia Advocate for the Claimant/decree holder and grants an order for Garnishee absolute in terms of prayer 3 of the Notice of Motion dated 1st October, 2014 and filed on 2nd October, 2014.
Dated and Delivered at Nairobi this 30th day of January, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE