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1. In a Notice of Motion dated 3rd day of July, 2025, brought pursuant to Order 23 Rule 1, 2, 8 & 9; Orders 49 Rule 12 and Order 50 Rule 1 of the Civil Procedure Rules the Decree Holder seeks a Garnishee Order absolute against the Garnishee in respect of a sum of Kshs.196,635.10/- sums/debts as are sufficient to answer the decree obtained by the Decree Holder against the Judgment Debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee, Safaricom PLC to the Judgment Debtor be attached to answer the decree passed against the Judgment Debtor; and, costs of Kshs.50,000/- of the application which should be borne by the Judgment Debtor.
2. The substratum of the matter is that a decree in the sum of Kshs.196,635.10/- together with costs was issued against the Judgment Debtor which remains unsatisfied. That the Garnishee herein has credit deposits on behalf of the Judgment Debtor in Safaricom M-pesa Paybill number 985850; credits that should be attached to satisfy the decretal sum to enable the Decree Holder to recover what is due to it.
3. The application is unopposed. It is established that the Certificate of Taxation was converted into judgment and an order of the court since the same was unopposed. Subsequently, the decree of the court issued remains unsettled.
4. For the reasons given, there is absolutely no reason as to why orders sought should not be granted. Therefore, the Decree Holder be and is hereby granted a Garnishee Order absolute against the sum of Kshs.196,635.10/- that will be sufficient to satisfy the decree obtained by the Decree Holder against the Judgment Debtor, that is held by the Garnishee, Safaricom PLC.
5. Costs of the garnishee application, in the sum of Kshs.50,000/- shall be on the Judgment Debtor.
6. It is so ordered.
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1. In a Notice of Motion dated 3rd day of July, 2025, brought pursuant to Order 23 Rule 1, 2, 8 & 9; Orders 49 Rule 12 and Order 50 Rule 1 of the Civil Procedure Rules the Decree Holder seeks a Garnishee Order absolute against the Garnishee in respect of a sum of Kshs.196,635.10/- sums/debts as are sufficient to answer the decree obtained by the Decree Holder against the Judgment Debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee, Safaricom PLC to the Judgment Debtor be attached to answer the decree passed against the Judgment Debtor; and, costs of Kshs.50,000/- of the application which should be borne by the Judgment Debtor.
2. The substratum of the matter is that a decree in the sum of Kshs.196,635.10/- together with costs was issued against the Judgment Debtor which remains unsatisfied. That the Garnishee herein has credit deposits on behalf of the Judgment Debtor in Safaricom M-pesa Paybill number 985850; credits that should be attached to satisfy the decretal sum to enable the Decree Holder to recover what is due to it.
3. The application is unopposed. It is established that the Certificate of Taxation was converted into judgment and an order of the court since the same was unopposed. Subsequently, the decree of the court issued remains unsettled.
4. For the reasons given, there is absolutely no reason as to why orders sought should not be granted. Therefore, the Decree Holder be and is hereby granted a Garnishee Order absolute against the sum of Kshs.196,635.10/- that will be sufficient to satisfy the decree obtained by the Decree Holder against the Judgment Debtor, that is held by the Garnishee, Safaricom PLC.
5. Costs of the garnishee application, in the sum of Kshs.50,000/- shall be on the Judgment Debtor.
6. It is so ordered.
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