Githae v Urithi Housing Co-operative; Equity Bank Kenya & another (Garnishee) (Tribunal Case 24 of 2020) [2023] KECPT 809 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 809
- Citation
- [2023] KECPT 809 (KLR)
- Decided
- 31 August 2023
AI Summary
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TypeJudgmentPostureAppeal from a previous judgmentCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
The Claimant's amended notice of motion is disallowed. Costs shall be in the cause.
Facts
A judgment was entered against the Respondent in favor of the Claimant for Kshs 500,000 plus costs and interest. The Claimant sought an order for attachment of money held by the 1st Garnishee in two accounts for the satisfaction of the judgment.
Issues
- Whether the Decree held should be satisfied from the amounts held by the 1st Garnishee in Account No. 0340xxxxx7977
- Whether the Decree can be satisfied through attachment of any other bank account held in any other bank?
Reasoning
The 1st Garnishee's account was frozen for the satisfaction of the decretal amounts in the cause. The amounts held in the 1st Garnishee's account are not available to satisfy the Claimant's decree.
Outcome
Appeal dismissed
Orders
- The Claimant's amended notice of motion dated 4/8/22 is disallowed.
- Costs shall be in the cause.
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