Ngaywa Ngigi and Kibet Advocates v Invesco Assurance Limited; Ncba Bank Kenya Plc (Garnishee) [2021] KEHC 13007 (KLR)
- Court
- High Court of Kenya
- Case number
- 13007
- Citation
- [2021] KEHC 13007 (KLR)
- Decided
- 3 June 2021
The garnishee order nisi is made absolute and the garnishee is ordered to pay the judgment holder the amount in the account from the date of the garnishee order nisi to the present.
Facts
A judgment debtor has an account with NCBA Bank Kenya PLC. The judgment debtor failed to settle a debt, leading to a garnishee order nisi being issued against the bank. The garnishee subsequently issued a garnishee order absolute, but the judgment holder argued that the garnishee order nisi should be made absolute.
Issues
- Whether the garnishee order nisi should be made absolute
- Whether the garnishee has complied with the court order
Reasoning
The court found that the garnishee did not comply with the court order by paying other creditors before the garnishee order nisi was discharged. The court ordered the garnishee order nisi to be made absolute and the garnishee to pay the judgment holder the amount in the account.
Outcome
The application is allowed with costs to the applicant.
Orders
- The garnishee order nisi is made absolute
- The garnishee is ordered to pay the judgment holder the amount in the account from the date of the garnishee order nisi to the present
Remedies
- The garnishee order nisi is made absolute
- The garnishee is ordered to pay the judgment holder the amount in the account from the date of the garnishee order nisi to the present
Authorities cited
Cases cited (3)
- Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Co. Ltd; Diamond Trust Bank (Garnishee) [2020] eKLR
- Choice Investments Ltd vs. Jeromnimon (Midland Bank Ltd, Garnishee) [1981] 1 All ER 225
- Kinyanjui Njuguna & Co. Advocate v Invesco Insurance Co. Ltd; Jamii Bora Bank (Garnishee) [2020] eKLR
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