Mung'oma & another v Poly Sacco Society Limited; Cooperative Bank of Kenya & another (Garnishee) (Tribunal Case E001 of 2023) [2025] KECOPT 579 (KLR) (Civ) (11 December 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 579
- Citation
- [2025] KECOPT 579 (KLR)
- Decided
- 11 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPosture2nd Garnishee/Applicant seeks to set aside Garnishee Order Absolute and stay executionCoramHON. J. MWATSAMA, Hon. Beatrice Sawe, Hon. Fridah Lotuiya, Hon. Philip Gichuki, Hon. Michael Chesikaw, Hon. P. Aol
Holding
The 2nd Garnishee/Applicant is entitled to the orders sought, and the Garnishee Order Absolute issued on 8th May, 2025 is hereby set aside.
Facts
The 2nd Garnishee/Applicant was served with a Garnishee Order Absolute on 8th May, 2025, directing it to release Ksh. 625,785 from the Judgement Debtor's M-Pesa account. The 2nd Garnishee/Applicant claims it was not properly served with the application dated 26th February, 2025 and the Garnishee Order Nisi issued on the same day.
Issues
- Whether the 2nd Garnishee/Applicant is entitled to the orders sought in the application
- Whether the service of the Garnishee Order Nisi was proper
Reasoning
The Tribunal found that proper service was not made on the 2nd Garnishee/Applicant, and considering the interest of justice, it exercised its discretion to set aside the order.
Outcome
The 2nd Garnishee/Applicant's application is allowed.
Orders
- The Garnishee Order Absolute issued on 8th May, 2025 is hereby set aside.
- The 2nd Garnishee/Applicant be served with the Garnishee Order Nisi as ordered on 26th February, 2025, within 7 days from the date of this Ruling.
- The 2nd Garnishee/Applicant to file response to the Decree Holders/Respondents' application dated 26th February, 2025, within Fourteen (14) days from the date of this Ruling.
- The matter to be mentioned to confirm compliance and to take further directions on 5.3. 2026.
Authorities cited
Cases cited (1)
- Philip Kiptoo Chemwolo & Mumias Sugar Company Limited –vs- Augustine Kubede (1982-1988)
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