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ELRCAllowedGarnishee proceedings arising from Kisumu ELRC No. 147 of 2016 (Charles Ochieng v Lake Basin Development Authority)· [2022] KEELRC 338 (KLR)

Ouma Njoga & Company Advocates v Charles Ochieng Opiyo & another [2022] KEELRC 338 (KLR)

Employment and Labour Relations Court
24 March 2022
CBChristine N. Baari
944 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered Lake Basin Development Authority to pay a creditor directly because it never disputed owing money to the original judgment debtor.

What this practically means

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Executive summary

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The Applicant/Decree-Holder, Robert Ouma Njoga, moved the court by Notice of Motion dated 14 January 2022 seeking that a Garnishee Order Nisi be made absolute so that monies attached could be released to satisfy an outstanding decree against the Respondent/Judgment-Debtor, Charles Ochieng. The debt sought to be attached was owed by the Garnishee, Lake Basin Development Authority, to the Judgment-Debtor under a decree of 14 April 2021 in Kisumu ELRC No. 147 of 2016 (Charles Ochieng v Lake Basin Development Authority). The Applicant asserted that the Garnishee owed the Judgment-Debtor Kshs. 485,520/- and that the Applicant's own decree against the Judgment-Debtor was Kshs. 226,144.20, which this garnishee proceeding would liquidate. The Judgment-Debtor did not oppose the application, confirming he was not opposed to the Garnishee paying the Applicant. The Garnishee opposed the application by grounds of opposition and a replying affidavit, contending that the Judgment-Debtor intended to appeal against the decree of 14 April 2021 and that she intended to file a cross-appeal, so the appeal would be rendered nugatory. The court framed a single issue: whether the Applicant was entitled to the orders sought. Relying on Order 23 of the Civil Procedure Rules and the authority of Martin Mwangi Ndirangu v Invesco Assurance Co. Ltd, the court found the Garnishee had not disputed liability and had failed to show cause. The Garnishee Order Nisi was confirmed absolute for Kshs. 226,144.20, with no orders as to costs.

Key legal issues

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01

Entitlement to a garnishee order absolute where the garnishee does not dispute the debt

Holding

A mere intention to appeal or file a cross-appeal, without disputing liability or a stay, does not defeat a garnishee order absolute

Reasoning

Order 23 provides that where the garnishee does not dispute the debt, the court may order payment to the decree-holder. The Garnishee's only ground of opposition was that the judgment-debtor intended to appeal and that the garnishee intended to cross-appeal; the Garnishee did not dispute her indebtedness. The decree being unsatisfied and no stay shown, the order nisi was made absolute for the amount owed by the judgment-debtor.

p. 2

Legal principles established

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  • Where the garnishee does not dispute the debt due to the judgment-debtor and fails to show cause, the court may make the garnishee order nisi absolute

Court orders

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  1. 1.The Garnishee Order Nisi is confirmed absolute as against the Garnishee for the sum of Kshs. 226,144.20
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 23 rules 1, 2 and 4

Cases cited (1)

  • Martin Mwangi Ndirangu v Invesco Assurance Co. Ltd
    [2020] eKLR
Jurisdiction invoked
Order 23 of the Civil Procedure Rules (garnishee proceedings in execution of a decree)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ouma Njoga & Company Advocates v Charles Ochieng Opiyo & another [2022] KEELRC 338 (KLR)", Case Analysis (2022). Garnishee proceedings arising from Kisumu ELRC No. 147 of 2016 (Charles Ochieng v Lake Basin Development Authority). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/338/eng@2022-03-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.