Ilukol v Board of Management Father Okodoi Secondary School; Co-operatie Bank of Kenya Limited (Garnishee) (Cause 102 of 2017) [2023] KEELRC 547 (KLR) (2 March 2023) (Ruling)

Summary at a glance

Facts

The claimant, Ilukol, sought to garnish the respondent's bank account to satisfy a decree and costs. The respondent, the Board of Management of Father Okodoi Secondary School, had partially settled the debt with a cheque, leaving a balance of Kes.519,637 unsatisfied.

Issues

• Whether the garnishment application was merited.
• Whether the institution is subject to garnishee proceedings.

Reasoning

The court found that the decree holder (Ilukol) had a valid claim and that the garnishee (Co-operatie Bank) had not disputed the debt. The court also noted that the garnishee's account had a sufficient balance to cover the decree and costs.

Outcome

The garnishment application was granted.

Orders

• The garnishee's bank account was ordered to be garnisheed to satisfy the decree and costs.

Remedies

• The garnishee's bank account was garnisheed to satisfy the decree and costs.

Authorities cited