James Ketta v Quality Inspectors Limited; Absa Bank Kenya Limited (Garnishee) (formerly Barclays Bank of Kenya) [2020] KEELRC 639 (KLR)

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA CAUSE NO 364 OF 2017 JAMES KETTA.................................................CLAIMANT/DECREE HOLDER VS QUALITY INSPECTORS LIMITE....D..RESPONDENT/JUDGMENT DEBTOR AND ABSA BANK KENYA LIMITED (FORMERLY BARCLAYS BANK OF KENYA)............................GARNISHEE RULING 1. On 24th April 2020, I issued an ex parte order attaching the sum of Kshs. 1,353,683 held by the Garnishee in the Judgment Debtor’s Account Number [….] domiciled at the Garnishee’s Bunyala Road Branch, Nairobi, towards satisfaction of the Decree of this Court issued on 20th September 2018. 2. I further directed the Claimant/Decree Holder to serve the application electronically on the Respondent/Judgment Debtor and the Garnishee by close of business on Monday, 27th April 2020. 3. Upon service, the Respondent/Judgment Debtor and the Garnishee were to file and serve their responses electronically by close of business on Thursday, 30th April 2020. 4. As evidenced by an affidavit of service sworn by the Claimant/Judgment Debtor’s Counsel Permenus Mbugua Mathare on 29 th April 2020, both the Respondent/Judgment Debtor were duly served as directed by the Court. 5. By close of business on 30 th April 2020, the Respondent/Judgment Debtor had not filed any response to the Claimant/Decree Holder’s application. 6. On its part, the Garnishee filed a replying affidavit sworn by its Legal Counsel, Milkah Maina confirming that there are enough funds in the Respondent/Judgment Debtor’s account aforesaid to satisfy the Decree of this Court issued on 20 th September 2018. 7. In light of this and in the absence of any response from the Respondent/Judgment Debtor, I hereby issue a decree absolute directing the Garnishee to pay the sum of Kshs. 1,353,683 from the Respondent/ Judgment Debtor’s Account Number [….] domiciled at the Garnishee’s Bunyala Road Branch, Nairobi, to the Claimant, through his Advocates on record, in satisfaction of the Decree of this Court issued on 20 th September 2018. 8. The Respondent/Judgment Debtor will meet the costs of these proceedings. DATED SIGNED AND DELIVERED AT MACHAKOS THIS 4TH DAY OF MAY 2020 LINNET NDOLO JUDGE FURTHER ORDER

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