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Kimonye v Kenya Meat Commission; Co-operative Bank Ltd (Athi River) (Garnishee) (Cause 465 of 2017) [2023] KEELRC 2994 (KLR) (23 November 2023) (Ruling)

[2023] KEELRC 2994 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2994
Citation
[2023] KEELRC 2994 (KLR)
Decided
23 November 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeGarnishee ProceedingsPostureEx parte Notice of Motion seeking garnishee order absoluteCoramJK GAKERI, Mativo
The court grants the Ex parte Notice of Motion and orders the Garnishee to appear and show cause.

Facts

The Respondent failed to comply with a previous judgment, and the Decree-holder seeks to garnish the Judgement-Debtor's account at Co-operative Bank, Athi River Branch.

Issues

  • Whether the Ex parte Notice of Motion is merited
  • Whether the Garnishee should be ordered to appear and show cause

Reasoning

The court finds that the Garnishee has not objected to the garnishee proceedings and has indicated willingness to comply. The court also notes that the garnishee has sufficient funds to satisfy the decree.

Outcome

The court grants the Ex parte Notice of Motion.

Orders

  • Order nisi to garnishee the Judgement-Debtor's account at Co-operative Bank, Athi River Branch
  • Order to appear and show cause

Remedies

  • Garnishee Order Absolute

Authorities cited

Legislation (1)
  • Civil Procedure Rules, 2010
Cases cited (2)
  • Mengich t/a Mengich & Co. Advocates & another v Joseph Mabwai & 10 others (2018) eKLR
  • Nyandoro & Co. Advocates v National Water Conservation and Pipeline Corporation; KCB Group Ltd (Garnishee) (Supra)
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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