Maurice Oduor Nyakone v Diamond Property Merchants Ltd; Co-operative Bank of Kenya Ltd & another (Garnishee) [2021] KEELC 1527 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a Garnishee Order Absolute should issue
Order Absolute issued against the 1st Garnishee restricted to the admitted balance of Kshs. 205,255/=; the 2nd Garnishee discharged as no funds were held
The court had issued an unsatisfied decree of Kshs. 1,766,456 in the applicant's favour. Order 23 Rule 1(1) permits attachment of debts owed to the judgment debtor by a third party. The 1st Garnishee admitted holding Kshs. 205,255.45 which it had preserved, so the order was granted only to that extent. The 2nd Garnishee held only Kshs. 21.65 and was discharged, with the Order Nisii of 24th March 2021 set aside.
Who should bear the costs of the garnishee proceedings
Costs borne by the Applicant but pegged to the Advocates Remuneration (Amendment) Order 2014, Schedule VI paragraph 14(a), at Kshs. 4,200/-
The court associated itself with the NWCPAC case and held that since neither Garnishee opposed the proceedings, costs should follow the standard tariff under Schedule VI paragraph 14(a) of the Advocates Remuneration (Amendment) Order 2014 rather than being visited on the Garnishees. The applicant himself had proposed this pegging and assessment of Kshs. 4,200/- in his submissions.
Legal principles established
#- Garnishee proceedings are available to a decree holder to reach a debt due to the judgment debtor from the garnishee sufficient to satisfy a decree
- A garnishee's liability is limited to the balance it actually holds for the judgment debtor
Court orders
#- 1.Garnishee Order Absolute issued against the 1st Garnishee (Cooperative Bank of Kenya Ltd) restricted to Kshs. 205,255/= to be paid to the Applicant's advocates' bank account (COL LAW ADVOCATES LLP CLIENT AC, NCBA, A/C 3690110024, Kenyatta Avenue Branch)
- 2.The 2nd Garnishee (Equity Bank Kenya Ltd) discharged from the proceedings including the Garnishee Order Nisii issued on 24th March, 2021
- 3.Costs of the garnishee proceedings borne by the Applicant, pegged to the Advocates Remuneration (Amendment) Order 2014, Schedule VI paragraph 14(a), assessed at Kshs. 4,200/-
- 4.Application dated 12th March 2021 allowed save for the issue of costs
- Jurisdiction invoked
- Order 23 Rule 1, 2 & 4 of the Civil Procedure Rules and Sections 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Oduor Nyakone v Diamond Property Merchants Ltd; Co-operative Bank of Kenya Ltd & another (Garnishee) [2021] KEELC 1527 (KLR)", Case Analysis (2021). Notice of Motion dated 12th March, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1527/eng@2021-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.