MOHAWK LIMITED v DEVCON GROUP LIMITED [2007] KEHC 174 (KLR)
- Court
- High Court of Kenya
- Case number
- 174
- Citation
- [2007] KEHC 174 (KLR)
- Decided
- 7 November 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAttachment of DepositsPostureAppeal from a garnishee orderCoramH. M. OKWENGU
Holding
The garnishee order is issued
Facts
The plaintiff, Mohawk Limited, has a decree against the defendant, Devcon Group Limited, for Kshs.4,355,850/50. The garnishee, Equity Bank Limited, has not paid the amount due to the defendant.
Issues
- Whether the garnishee order should be issued
- Whether the stay of execution pending appeal is valid
Reasoning
The court found that there is a decree in favor of the plaintiff which has not been satisfied. The stay of execution is not applicable to this case as it is a High Court matter and cannot be appealed before another High Court.
Outcome
The garnishee order is issued
Orders
- Garnishee Order absolute
Remedies
- Costs awarded to the plaintiff
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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