Co-operative Bank of Kenya Limited v Kipteng & another (Civil Appeal E006 of 2022) [2024] KEHC 856 (KLR) (5 February 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 856
- Citation
- [2024] KEHC 856 (KLR)
- Decided
- 5 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a garnishee order issued in an ELRC caseCoramGIKONYO
Holding
The memorandum of appeal is struck out with costs to the 1st respondent/applicant.
Facts
The Co-operative Bank of Kenya Limited appealed against a garnishee order issued by Hon. M.I.G. Moranga (SPM) in Kilgoris SPM ELRC Case No. 2 of 2019.
Issues
- Jurisdiction of the High Court to hear the appeal
- Whether the appeal is properly on record
Reasoning
The court found the appeal lacks jurisdiction as it emanated from an ELRC case and the challenge should be made through ELRC appellate and review processes.
Outcome
The appeal is dismissed
Orders
- The memorandum of appeal dated 07.12.2022 is hereby struck out with costs to the 1st respondent/applicant
Authorities cited
Cases cited (2)
- Nakuru Civil Appeal No. 119 of 2017 Public Service Commission & 2 Others vs. Eric Cheruiyot & 16 Others consolidated with Civil Appeal No. 139 of 2017 County Government of Embu & Another vs. Eric Cheruiyot & 15 Others (unreported)
- Omondi -vs- National Bank of Kenya Ltd & Others {2001} KLR 579; [2001] 1 EA 177
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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