Robson Harris & Company Advocates v Invesco Assurance Company Limited;Dtb Bank Limited & 2 others (Garnishee) [2020] KEHC 8972 (KLR)

Facts

The applicant, Robson Harris & Company Advocates, sought a garnishment order against DTB Bank Limited, Cooperative Bank Limited, and Family Bank Limited for the amount of Kshs. 6,380,000. DTB Bank Limited did not file a replying affidavit, while Cooperative Bank Limited and Family Bank Limited provided affidavits stating they had no credit balance and a credit balance of Kshs. 2,871,454.38 respectively.

Issues

1. Garnishment order against DTB Bank Limited
2. Credit balance of Cooperative Bank Limited and Family Bank Limited

Reasoning

DTB Bank Limited did not file a replying affidavit. Cooperative Bank Limited and Family Bank Limited provided affidavits stating they had no credit balance and a credit balance of Kshs. 2,871,454.38 respectively.

Outcome

The garnishment order against DTB Bank Limited is made absolute. The garnishment order against Cooperative Bank Limited and Family Bank Limited is discharged.