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ELRCAllowedCause No 364 of 2017· [2020] KEELRC 639 (KLR)
James Ketta v Quality Inspectors Limited; Absa Bank Kenya Limited (Garnishee) (formerly Barclays Bank of Kenya) [2020] KEELRC 639 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling making absolute a garnishee order issued in the Employment and Labour Relations Court at Machakos. On 24th April 2020, Linnet Ndolo J had issued an ex parte order attaching Kshs. 1,353,683 held by the Garnishee in the Judgment Debtor's account at the Garnishee's Bunyala Road Branch, Nairobi, towards satisfaction of the Court's decree issued on 20th September 2018, with directions for electronic service of the application on the Judgment Debtor and the Garnishee. An affidavit of service sworn on 29th April 2020 by the Claimant's Counsel, Permenus Mbugua Mathare, showed both parties were served. By the close of business on 30th April 2020 the Judgment Debtor had filed no response. The Garnishee, through a replying affidavit sworn by its Legal Counsel, Milkah Maina, confirmed that there were sufficient funds in the account to satisfy the decree. In the absence of any response from the Judgment Debtor, and on the Garnishee's admission of sufficient funds, the Court on 4th May 2020 issued a decree absolute directing the Garnishee to pay Kshs. 1,353,683 from the Judgment Debtor's account to the Claimant through his Advocates on record, in satisfaction of the decree of 20th September 2018. The Judgment Debtor was ordered to meet the costs of the proceedings. The ruling was delivered electronically pursuant to the COVID-19 court operations measures and the Chief Justice's directions of 15th March 2020.
Key legal issues
#01
Whether a decree absolute should issue against the Garnishee
Holding
A decree absolute was issued against the Garnishee for the attached sum of Kshs. 1,353,683.
Reasoning
The court had earlier issued an ex parte order attaching Kshs. 1,353,683 in the Judgment Debtor's account. Both the Judgment Debtor and the Garnishee were duly served; the Judgment Debtor filed no response by the deadline. The Garnishee's Legal Counsel, Milkah Maina, swore a replying affidavit confirming sufficient funds in the account. In those circumstances the court converted the conditional attachment into a decree absolute directing payment to the Decree Holder through his advocates.
p. 1
Legal principles established
#- Where funds are confirmed by the Garnishee and the Judgment Debtor files no response, the court may make the garnishee order absolute.
Court orders
#- 1.A decree absolute issued directing the Garnishee to pay Kshs. 1,353,683 from the Respondent/Judgment Debtor's account at the Garnishee's Bunyala Road Branch, Nairobi, to the Claimant through his Advocates on record in satisfaction of the decree of 20th September 2018
- 2.The Respondent/Judgment Debtor to meet the costs of the proceedings
- Jurisdiction invoked
- Garnishee proceedings under civil procedure law in satisfaction of a decree of the Court issued on 20th September 2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "James Ketta v Quality Inspectors Limited; Absa Bank Kenya Limited (Garnishee) (formerly Barclays Bank of Kenya) [2020] KEELRC 639 (KLR)", Case Analysis (2020). Cause No 364 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/639/eng@2020-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.