Syke Enterprise Limited & another v Moi Teaching and Referral Hospital Staff Pension Scheme & 4 others; National Bank of Kenya & another (Garnishee) (Environment & Land Case 389 of 2015 & 30 of 2016 (Consolidated)) [2024] KEELC 4666 (KLR) (12 June 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4666
- Citation
- [2024] KEELC 4666 (KLR)
- Decided
- 12 June 2024
The court held that the 2nd, 3rd, and 4th Defendants cannot be held liable for the judgment against the Judgment Debtor, and the garnishee orders were dismissed.
Facts
Syke Enterprise Limited sued Moi Teaching and Referral Hospital Staff Pension Scheme and four others for payment of Kshs.19,115,000 and Kshs.500,000. The court issued a judgment against Syke Enterprise Limited, and garnishee orders were sought against the defendants.
Issues
- Whether the 2nd, 3rd, and 4th Defendants can be held liable for the judgment against the Judgment Debtor
- Whether the conditions for issuance of a Garnishee Order Absolute have been met
Reasoning
The court ruled that a company is a separate legal entity from its directors, and the accounts of the 2nd and 3rd Defendants were not attached as directors but as guarantors of the company's lease. The court also noted that the garnishee orders were against accounts that have not been specifically pleaded and a claim made directly on them.
Outcome
Appeal dismissed
Orders
- Garnishee orders against the 2nd, 3rd, and 4th Defendants dismissed
Remedies
- Costs awarded to the Decree Holder
Authorities cited
Cases cited (1)
- Ngaywa Ngigi & Kibet Advocates vs Invesco Assurance Co. Ltd; Diamond Trust Bank (Garnishee) (2020) eKLR
Loading judgment…