ANTONY WASWA T/A TOMUPEX ENTERPRISES V NGERIA MUTHAMI T/A ROZIWA TRANSPORTERS [2012] KEHC 2371 (KLR)
- Court
- High Court of Kenya
- Case number
- 2371
- Citation
- [2012] KEHC 2371 (KLR)
- Decided
- 17 August 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment in a garnishment caseCoramJ. K. SERGON
Holding
The garnishee order is allowed, and the garnishee is ordered to pay the Plaintiff the amount of Ksh.2,050,000.
Facts
The Plaintiff, Antony Waswa, claimed to have advanced Ksh.1,600,000 to the Defendant, Ngera Muthami, for a loan repayable within six months. The Defendant defaulted, and the Plaintiff filed a suit for judgment in default. The Plaintiff sought a garnishee order against the Co-operative Bank of Kenya, which held a credit balance in the Defendant's account.
Issues
- Whether the Plaintiff is entitled to a garnishee order against the Co-operative Bank of Kenya
- Whether the amount held by the bank is sufficient to satisfy the decree
Reasoning
The Plaintiff established that the Defendant was indebted to him, and the bank held a sufficient amount in the Defendant's account to satisfy the decree.
Outcome
The garnishee order is made absolute with costs to the Plaintiff.
Orders
- A garnishee order is issued ordering the Co-operative Bank of Kenya to pay the Plaintiff the amount of Ksh.2,050,000
Remedies
- The garnishee order is made absolute with costs 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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