Joe Ngigi & Company Advocates v Trident Insurance Company Limited

Joe Ngigi & Company Advocates v Trident Insurance Company Limited; Safaricom Plc (Garnishee) (Miscellaneous Application E160 of 2022) [2025] KEHC 10840 (KLR) (25 June 2025) (Ruling) Neutral citation: [2025] KEHC 10840 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS APPLICATION E160 OF 2022 JM OMIDO, J JUNE 25, 2025 BETWEEN JOE NGIGI & COMPANY ADVOCATES ............................................. APPLICANT AND TRIDENT INSURANCE COMPANY LIMITED ............................ RESPONDENT AND SAFARICOM PLC .................................................................................... GARNISHEE RULING 1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 4th June, 2025, brought Sections 1A, 1B and 3A of the Civil Procedure Act, Order 51 Rule 1 and 3, Order 23 Rule 1 and 10 of the Civil Procedure Rules and all other relevant enabling provisions of the law and seeks an order that the court issues a garnishee order absolute against the Garnishee for the amount of Ksh.333,555.49/and that a provision as to the costs of the application be made. 2. Having considered the Garnishee’s replying affidavit sworn on 11th June, 2025 by Stella Mutindi Mutua in which the Garnishee confirms that it is holding the Judgement Debtor’s funds which are sufficient to satisfy the decree herein, I hereby allow the application in the following terms: a. A garnishee order absolute is hereby issued against the Garnishee for the amount of Ksh.333,555.49/- and the Garnishee is hereby ordered to forthwith release the said amount to the Decree Holder from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850, together with costs of the garnishee proceedings of Ksh.10,000/-. b. The Garnishee’s costs of the garnishee proceedings are hereby assessed at Ksh.10,000/- and the Garnishee shall recover the same from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10840/eng@2025-06-25 1

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