Muki Sacco Society Limited v Julius Ndirangu Wahome; Ojiambo & Company Advocates (Garnishee) [2021] KECPT 605 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 605
- Citation
- [2021] KECPT 605 (KLR)
- Decided
- 7 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court judgmentCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court ordered the Garnishee to attach all debts to answer the decree together with costs of garnishee proceedings.
Facts
The Decree Holder has a decree of Kshs.3,718,825/= which remains unsatisfied. The Judgment Debtor has a decree of Kshs.819,202/=. The Garnishee is a law firm that owes money to the Judgment Debtor.
Issues
- Whether the Garnishee has funds sufficient to satisfy the Decree in the claim.
- Who should meet the costs of this Application.
Reasoning
The court held that the Garnishee is indebted to the judgment debtor and has funds sufficient to satisfy the decree.
Outcome
The court granted the Decree Holder's application.
Orders
- That the firm of Ojiambo & Company Advocates be restrained from releasing to the Judgment Debtor the sum of kshs.819,202/= or any part thereof.
- That the Honourable Court be pleased to order that all and/or any part of debts owing from the law firm of Ojiambo & Company Advocates, the Garnishee to the Judgment Debtor herein be attached to answer the decree together with costs of the garnishee proceedings.
- That the Honourable court do fix the date when the garnishee shall appear before the Honourable court to show cause why it should not pay the decree-holder the debt due to it from the Judgment Debtor or so much there of as may be sufficient to satisfy the decree together with costs.
Remedies
- The Garnishee is ordered to attach all debts to answer the decree together with costs of the garnishee proceedings.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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