Jura v Kenya Railways Corporation; Kenya Commercial Bank (Garnishee) (Miscellaneous Application 223 of 2010) [2013] KEHC 5494 (KLR)
- Court
- High Court of Kenya
- Case number
- 5494
- Citation
- [2013] KEHC 5494 (KLR)
- Decided
- 22 July 2013
The objection is sustained. The applicant's application dated 12/10/12 is incompetent and is struck. However, in view of the conduct of the respondent, no order as to costs is made.
Facts
The applicant sued the respondent in CMCC No.464 of 2003 and obtained a decree. The respondent did not pay the decree, and the applicant filed garnishee proceedings seeking to attach the respondent's funds held by the Kenya Commercial Bank.
Issues
- Whether the applicant can access or attach the respondent's money held by the garnishee under section 88 of the Kenya Railway Corporation Act.
- Whether the applicant can proceed with garnishee proceedings or should apply for the managing director to be committed to civil jail for contempt of court.
Reasoning
The court held that the applicant cannot proceed with garnishee proceedings due to the restriction on execution against the property of the respondent under section 88 of the Kenya Railway Corporation Act. The applicant should apply for the managing director to be committed to civil jail for contempt of court.
Outcome
The applicant's application is struck.
Orders
- The applicant's application dated 12/10/12 is incompetent and is struck.
- No order as to costs is made.
Authorities cited
Legislation (2)
- Kenya Railway Corporation Act (Cap.397)
- Restriction on execution against property of Corporation
Cases cited (1)
- WAMBUGU AND CO., ADVOCATES .V. MANAGING DIRECTOR KENYA RAILWAYS CORP. [2001] LLR 4491 (HCK)
Loading judgment…