Mary Wambui Njoroge v Sasanet Investments Co-operative Society Limited

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 167 of 2008 MARY WAMBUI NJOROGE………………………………..PLAINTIFF VERSUS SASANET INVESTMENTS CO-OPERATIVE SOCIETY LIMITED…………………1ST DEFENDANT AND CO-OPERATIVE BANK OF KENYA LIMITED (CITY HALL BRANCH)……………………………………..GARNISHEE RULING The application has been brought through chamber summons – (ex-parte) under Order XXII Rule (1) (2) (3) and (4) and rule 10 of the Civil Procedure rules and Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya. The application seeks the following orders: 1. THAT all debts and monies owing, belonging, accruing and or due and payable to the Defendant being held by the Garnishee in their Bank Account Nos. Co-operative Bank of Kenya Ltd. – A/C. No.2092925900 – (City Hall Branch). 2. THAT the garnishee to attend court on a day to be chosen by the court to show cause if any why it should not pay the Decree Holders/Plaintiffs the entire amount held in its account in part or whole satisfaction of the Decree. 3. THAT the cost of the Application be paid by the Judgment Debtors herein. Upon hearing Counsel for the ex-parte applicant on his application dated 5th November, 2009, and upon reading the application as filed together with the annexure to the supporting affidavit, this court is satisfied that the same is meritorious. Accordingly, I allow the application in terms of prayer No. 2 thereof. The applicant to serve the application for interpartes hearing on 30th November, 2009.

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