Millimo, Muthomi & Co. Advocates v Registered Trustees, Kenya Railways Staff Retirement Benefits Scheme; Co-operative Bank of Kenya Limited & another (Garnishee) [2021] KEHC 5009 (KLR)

Facts

The Decree Holder filed a Bill of Costs against the Judgment Debtor in a previous case, which was taxed by the Deputy Registrar. The Judgment Debtor failed to pay the taxed amount and filed applications seeking to set aside the garnishee order and extend time to comply with a previous court order.

Issues

1. Whether the garnishee order nisi should be set aside, discharged or varied
2. Whether this Honourable Court can enlarge the time within which the Judgment Debtor should comply with the Orders of Justice G. Nzioka in the Ruling dated 28th May 2020 and allow the Judgment Debtor to comply within 90 days of this Court's Order or such other time as the Court may direct

Reasoning

The court finds the Judgment Debtor's arguments unconvincing and notes that the Judgment Debtor has not complied with previous orders. The court also dismisses the application as an afterthought and abuse of process.

Outcome

The garnishee order is upheld, and the Judgment Debtor is ordered to pay 50% of the decretal sum within 30 days and secure the entire sum with a Bank Guarantee within 30 days. The application to extend time and grant leave to file a Reference is dismissed.