Karuria v Chai Housing Coop Society Limited (Tribunal Case 163 of 2011) [2025] KECOPT 589 (KLR) (26 November 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 589
- Citation
- [2025] KECOPT 589 (KLR)
- Decided
- 26 November 2025
The Notice of Motion Application is dismissed with no orders as to costs.
Facts
Claimant Karuria sought a garnishee order against Co-operative Bank of Kenya Limited and Garnishee Co-operative Bank of Kenya Limited to attach monies held for the benefit of Respondent Chai Housing Cooperative Society Limited. The Respondent had paid Kshs. 4,490,000 out of a Kshs. 5,079,744 decree, leaving a balance of Kshs. 589,744.
Issues
- Whether an issue of garnishee order Nisi to be addressed to Co-operative Bank of Kenya Limited is merited.
- Whether interest can be charged on the Kshs. 500,000 and the Kshs. 589,744
Reasoning
The Respondent had paid Kshs. 4,490,000 to the Claimant, leaving a balance of Kshs. 589,744. The Respondent had deposited Kshs. 500,000 into the Tribunal's account in 2017, which was considered as a partial payment. The Claimant refused to accept the cheque for the balance of Kshs. 89,744, and the Tribunal declined to allow interest to be charged on the Kshs. 89,744.
Outcome
The application is dismissed with no orders as to costs.
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