Robson Harris & Company Advocates v Invesco Assurance Company Limited

IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL & TAX DIVISION CORAM: D. S. MAJANJA J. MISCELLANEOUS CASE NO. E196 OF 2019 BETWEEN ROBSON HARRIS & COMPANY ADVOCATES................................DECREE HOLDER AND INVESCO ASSURANCE COMPANY LIMITED.........................................RESPONDENT AND DTB BANK LIMITED.................................................................................1 ST GARNISHEE COOPERATIVE BANK LIMITED.......................................................... 2 ND GARNISHEE FAMILY BANK LIMITED.........................................................................3 RD GARNISHEE RULING 1. I have considered the Chamber Summons dated 17 th December 2019 seeking garnishee order nisi made on 19 th December 2019 against DTB Bank Ltd., Cooperative Bank Limited and Family Bank Limited for the amount of Kshs. 6,380,000 being the decretal amount to be made absolute. 2. The 1st garnishee, DTB Bank Limited, has not filed a replying affidavit. The 2 nd garnishee, Cooperative Bank Limited through the affidavit of Judy Nyawara sworn on 16 th January 2020 has deponed that it has no credit balance in the judgment debtor’s favour. The 3 rd garnishee, Family Bank Limited, through the affidavit of Julius Mbugua Wachira sworn on 23 rd December 2019 states that it has a credit balance of Kshs. 2,871,454.38 in favour of the Judgment Debtor however, the same it attached by an order dated 1 st October 2019 in HC Miscellaneous Application No. E181 of 2019 between the same parties. 3. In the circumstances, I discharge the garnishee order nisi in respect of the 2 nd and 3rd garnishee. As the 1st garnishee, DTB Bank Limited, was served on 30th December 2019 and has not filed any replying affidavit, the garnishee order nisi in respect of DTB Bank Limited is now made absolute. 4. The applicant/decree holder shall pay costs of Kshs. 10,000/= each to the 2 nd and 3rd garnishee. DATED and DELIVERED at NAIROBI this 28th day of JANUARY, 2020. DAVID S. MAJANJA JUDGE Court Assistant: Mr. M. Onyango Mr. Ratemo for the Decree Holder

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