Abdul Karim Kargbo v Susan Muthoni Mukiri; United Bank for Africa (Garnishee) [2021] KEHC 3176 (KLR)
- Court
- High Court of Kenya
- Case number
- 3176
- Citation
- [2021] KEHC 3176 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplicant seeks restraining order and attachment of fundsCoramP. Nyamweya, J. Ngaa
Holding
The garnishee order nisi is made absolute, funds are attached to the decree, and the garnishee is ordered to pay Kshs.2,700 and produce updated statements.
Facts
Susan Muthoni Mukiri applied for a restraining order and attachment of funds held by United Bank for Africa on behalf of Abdul Karim Kargbo, who was the judgment debtor. Kargbo had a decree against him for Kshs.158,640 in costs.
Issues
- Whether the court can order attachment of funds held by the garnishee on behalf of the judgment debtor
- Whether the garnishee can be ordered to pay the costs of the garnishee proceedings
Reasoning
The court found that the judgment debtor was indebted and the garnishee held funds on his behalf. The court also noted that the garnishee lacked funds to satisfy the decree and costs.
Outcome
Judgment in favor of the applicant
Orders
- Garnishee order nisi made absolute
- Funds attached to the decree
- Garnishee ordered to pay Kshs.2,700 and produce updated statements
Remedies
- Attachment of funds
- Payment of costs
Authorities cited
Legislation (1)
- Civil Procedure Rules of 2010
Cases cited (2)
- Petro Sonko & Another vs H.A.D.B Patel & Another 20 EACA 99
- Ngaywa Ngigi & Kibet Advocates vs Investsco Assurance Company Limited; Diamond Trust Bank Kenya Limited (Garnishee) [2020] 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.
Loading judgment…