Francis Kaiga v Institute for Security Studies; ECO Bank (K) Limited ( Garnishee) [2019] KEELRC 1303 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1303
- Citation
- [2019] KEELRC 1303 (KLR)
The application is allowed. The garnishee order nisi is made absolute. The judgment debtor need not be orally examined before the garnishee order nisi is made absolute. The garnishee Bank is holding sufficient funds to satisfy the outstanding judgment debt.
Facts
Claimant obtained judgment against Respondent for Kshs.663,181.20 plus costs. Respondent has not settled the judgment. Claimant seeks garnishee order against Garnishee Bank for funds held in accounts belonging to Respondent.
Issues
- Whether the application is incompetent
- Whether the respondent judgment debtor must be examined orally before the garnishee order is made absolute
- Whether the application has merits and should be allowed
Reasoning
The court finds that the application has merits and the garnishee order nisi should be made absolute. The judgment debtor need not be orally examined as the garnishee Bank has admitted holding sufficient funds.
Outcome
The garnishee order nisi is made absolute.
Orders
- Garnishee order nisi do issue against Eco Bank Kenya Limited, Valley Arcade Branch ordering that all monies deposited, lying and being held in deposit in Kenya shillings Account Number 0230015018845001 and USD Account Number 023015018845001 to the credit of INSTITUTE FOR SECURITY STUDIES, the Judgment Debtor herein be attached to answer the Decree issued on 19.3.2019 together with interest and costs awarded to the claimant.
- The Garnishee do appear before this court on an appointed date and time to show cause why the garnishee order nisi so issued should not be made absolute and that the sum of Kshs 801,868.20 plus interest at the commercial rate released to the Claimant’s Advocate herein and further costs of these Garnishee proceedings.
- Costs of the application be provided for.
Remedies
- Garnishee order nisi do issue against Eco Bank Kenya Limited, Valley Arcade Branch ordering that all monies deposited, lying and being held in deposit in Kenya shillings Account Number 0230015018845001 and USD Account Number 023015018845001 to the credit of INSTITUTE FOR SECURITY STUDIES, the Judgment Debtor herein be attached to answer the Decree issued on 19.3.2019 together with interest and costs awarded to the claimant.
Authorities cited
Legislation (1)
- Civil Procedure Rules (CPRs)
Loading judgment…