Ngigi t/a Joe Ngigi & Co Advocates (Formerly Ngaywa Ngigi & Kibet Advocates) v Xplico Insurance Company Limited; National Bank of Kenya (Westlands Branch) (Garnishee) (Miscellaneous Civil Application E252 of 2020) [2022] KEHC 14281 (KLR) (Civ) (21 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14281
- Citation
- [2022] KEHC 14281 (KLR)
- Decided
- 21 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for garnishee orders nisiCoramJK SERGON
Holding
The application is allowed with costs assessed at Kshs 100,000/= to be paid to the applicant, and a garnishee order absolute is confirmed for the remaining Kshs 65,976/=
Facts
The applicant, Ngigi t/a Joe Ngigi & Co Advocates, obtained a judgment against the respondent, Xplico Insurance Company Limited, for Kshs 165,976.00. The garnishee, National Bank of Kenya (Westlands Branch), holds accounts with the respondent.
Issues
- Whether the garnishee order nisi should be issued
- Whether the garnishee order nisi should be made absolute
- Whether the garnishee has sufficient funds to settle the decretal sum
Reasoning
The court found that the garnishee does not have sufficient funds to settle the decretal sum and that the garnishee order nisi should be made absolute.
Outcome
The application is allowed with costs assessed and a garnishee order absolute confirmed.
Orders
- A garnishee order nisi is issued against the garnishee to attach any monies held by them in favor of the respondent's accounts
- A garnishee order absolute is confirmed for the remaining Kshs 65,976/=
Remedies
- Costs assessed at Kshs 100,000/= to be paid to the applicant
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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