Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Company Diamond Trust Bank (Tom Mboya and Koinange Street Branches);(Garnishee) [2020] KEHC 8401 (KLR)
- Court
- High Court of Kenya
- Case number
- 8401
- Citation
- [2020] KEHC 8401 (KLR)
- Decided
- 29 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeGarnishment ApplicationPostureApplication for garnishment of fundsCoramF. MUCHEMI
Holding
The application is allowed, and the garnishee is ordered to pay Kshs. 160,606/= to the applicant's advocates from the attached funds in the garnishee's accounts.
Facts
The applicant seeks to garnish funds from the garnishee's accounts to satisfy a decree of Kshs. 160,606/= against the respondent. The garnishee has not disputed the application.
Issues
- Whether the applicant has established a proper case for issuing garnishment orders.
- Whether the garnishee is indebted to the judgment debtor.
Reasoning
The court found that the funds in the accounts belong to the judgment debtor and that the garnishee is indebted to the judgment debtor.
Outcome
The application is allowed.
Orders
- Order nisi is made absolute.
- The garnishee is ordered to pay Kshs. 160,606/= to the applicant's advocates from the attached funds in the garnishee's accounts.
- The garnishee is ordered to pay the costs of the application.
Remedies
- Payment of Kshs. 160,606/= to the applicant's advocates.
Authorities cited
Cases cited (1)
- Otieno Ragot & Co Advocates v City Council of Nairobi [2015] eKLR
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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