Joseph Mulili Kituku v Jubilee Party of Kenya;Equity Bank Kenya Limited (Garnishee) [2022] KEELRC 723 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 723
- Citation
- [2022] KEELRC 723 (KLR)
- Decided
- 24 February 2022
Summary at a glance
TypeLabour DisputePostureAppeal from a decision to dismiss an application for attachment of debtsCoramMATHEWS N. NDUMA
The application was dismissed as it was defective and an abuse of court process due to the lack of a decree and a certificate of costs, and the improper naming of Respondents in the application.
Facts
The Claimant/Applicant sought an order for the attachment of debts owed by the Judgment Debtor to the Garnishee, Equity Bank Kenya Limited, to satisfy a decree issued by the court.
Issues
- Whether the application for attachment of debts was defective and an abuse of court process
- Whether the Garnishee application was properly issued by the court
Reasoning
The court found that the application was premature and defective because it did not attach a decree to the application and the Respondents were not properly named as garnishees.
Outcome
The application was dismissed with costs.
Orders
- The application for attachment of debts was dismissed
Remedies
- Costs in the cause
Authorities cited
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