Kwengu & Company Advocates v Invesco Assurance Company Ltd

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISCELLANEOUS CIVIL APPLICATION NO. 145 OF 2011 KWENGU & COMPANY ADVOCATES.......................PLAINTIFF VERSUS INVESCO ASSURANCE COMPANY LTD...............DEFENDANT AND 1. EQUITY BANK LIMITED 2. DIAMOND TRUST BANK KENYA LIMITED 3. CO-OPERATIVE BANK LIMITED.....................GARNISHEES RULING 1. This court (Justice Hatari Waweru) on 25 th February, 2013 ordered the Defendant to deposit the decretal sum to the tune of KShs. 1.4 Million in a joint interest earning account in the names of the advocates on record for the Plaintiff and the Defendant. That upon such deposit being made, the garnishee order nisi shall stand discharged. 2. When this matter came up for mention on 4 th May, 2015, Mr. Njenga learned counsel for the Plaintiff confirmed that money had been deposited in the said account and that the garnishee should be discharged. At the time an Electronic Fund Transfer had not been received by the Garnishee. When the matter came up for mention again on 8th July, 2015, learned counsel appearing in the matter confirmed that the money had been received and that the garnishee should be discharged. Mr. Kisinga, learned counsel for the 2 nd Garnishee however prayed for costs of KShs. 40,000/= which was not objected to. 3. Any party dragged to court by another if he/she succeeds is entitled to recover costs incurred in defending the claim. The Advocates (Remuneration) Order,2011 at Paragraph 5 Section 14 (b) provides for costs of not less than KShs. 25,000/= for defending garnishee proceedings. In light of this provision, the tasks involved herein and the consent of the parties, I find that the said sum is reasonable. The 2 nd garnishee therefore shall have costs of KShs. 40,000/=. Dated, Signed and Delivered in open court this 10th day of July, 2015. J. K. SERGON JUDGE In the presence of: ......................... for the Plaintiff

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