1. Before the Court is an application dated 3rd May 2024 brought under order 23 of the Civil Procedure Rules. The application seeks to have the accounts held by the respondents with the various garnishees attached to clear the balance of the decretal amount herein.
2. By virtue of Order 23 rule 1 of the Civil Procedure Rules this Court may grant a garnishee order nisi attaching proceeds that are held on behalf of the judgment debtor by a 3rd party garnishee. The Court notes the judgment debtor’s position that there are no monies still outstanding. When this matter came up in Court on 26th February 2024 Counsel for the judgment debtor promised to file a statement of account and documents proving that the debt had been settled. Nothing has been filed as yet.
3. I am satisfied therefore that as a result of having fallen back on the repayment schedule as per the consent dated 20th November 2023, clause [e] of the consent judgment kicked in and this gives the applicant justification to bring the garnishee proceedings herein.
4. In light of this, a garnishee order nisi against the 1st, 2nd, 3rd, 4th and 5th garnishees is allowed pending the hearing and determination of the application dated 3rd May 2024. The petitioner/applicant is directed to serve the application on the garnishees within 3 days. The garnishees have 5 days upon service to respond to the application.
5. The matter will be mentioned for further directions on 27th May, 2024.
2. By virtue of Order 23 rule 1 of the Civil Procedure Rules this Court may grant a garnishee order nisi attaching proceeds that are held on behalf of the judgment debtor by a 3rd party garnishee. The Court notes the judgment debtor’s position that there are no monies still outstanding. When this matter came up in Court on 26th February 2024 Counsel for the judgment debtor promised to file a statement of account and documents proving that the debt had been settled. Nothing has been filed as yet.
3. I am satisfied therefore that as a result of having fallen back on the repayment schedule as per the consent dated 20th November 2023, clause [e] of the consent judgment kicked in and this gives the applicant justification to bring the garnishee proceedings herein.
4. In light of this, a garnishee order nisi against the 1st, 2nd, 3rd, 4th and 5th garnishees is allowed pending the hearing and determination of the application dated 3rd May 2024. The petitioner/applicant is directed to serve the application on the garnishees within 3 days. The garnishees have 5 days upon service to respond to the application.
5. The matter will be mentioned for further directions on 27th May, 2024.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 6TH DAY OF MAY, 2024.
F. MUGAMBI
JUDGE