National Industrial Credit Ltd v Mindi Estates Ltd & 2 others [2002] KEHC 1158 (KLR)
- Court
- High Court of Kenya
- Case number
- 1158
- Citation
- [2002] KEHC 1158 (KLR)
The Government of the United States of America was entitled to be heard and the garnishee orders nisi and absolute were misconceived and set aside.
Facts
National Industrial Credit Bank Ltd obtained a decree against Mindi Estates Limited and Joseph Muiruri Githongo. The Bank applied for an order of garnishee against the Deputy Registrar of the Court of Appeal, who held a deposit in favor of Githongo. The Government of the United States of America moved to be joined as an interested party and to review the garnishee orders.
Issues
- whether the Government of the United States of America is entitled to be heard on the application
- whether the Deputy Registrar of the Court of Appeal was a garnishee
Reasoning
The court found the Government of the United States of America entitled to be heard as it had been joined as an interested party and the money was deposited by the government. The Deputy Registrar was not a garnishee as he was not indebted to the judgment debtor.
Outcome
The garnishee orders nisi and absolute were reviewed and set aside.
Orders
- The Government of the United States of America was entitled to be heard on the application.
- The garnishee orders nisi and absolute were reviewed and set aside.
Remedies
- The garnishee orders nisi and absolute were reviewed and set aside.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Order 22 rule 1
- Order 44 rule 1
- Order 22 rule 1A
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