'1. The outcome of the reference in MALINDI ELC MISCELLANEOUS E004 OF 2025 was that this court found no error or impropriety of exercise of discretion on the part of the taxing master and the reference brought by way of the Chamber Summons dated 17th February 2025 was dismissed in its entirety in a ruling also dated 22/09/2025.
2. Consequently, the sum claimed vide the garnishee proceedings herein is ascertainable. I therefore grant the amended notice of motion dated 12th March 2025 in terms of prayer no 2 thereof. the garnishee order nisi issued on 14/3/2025 against the 2nd garnishee and extended from time to time is hereby made a garnishee order absolute and execution thereof shall be in terms expressed in prayer no 4 in the amended notice of motion dated 12th March 2025. The costs of the 2nd garnishee are hereby assessed by this court in the sum of Kshs 20,000/= (twenty thousand shillings only) and they shall be borne by the respondent by way of setoff against his account with the 2nd garnishee.
It is so ordered.
Dated, signed and delivered at Malindi via electronic mail on this 22nd day of September 2025.
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2. Consequently, the sum claimed vide the garnishee proceedings herein is ascertainable. I therefore grant the amended notice of motion dated 12th March 2025 in terms of prayer no 2 thereof. the garnishee order nisi issued on 14/3/2025 against the 2nd garnishee and extended from time to time is hereby made a garnishee order absolute and execution thereof shall be in terms expressed in prayer no 4 in the amended notice of motion dated 12th March 2025. The costs of the 2nd garnishee are hereby assessed by this court in the sum of Kshs 20,000/= (twenty thousand shillings only) and they shall be borne by the respondent by way of setoff against his account with the 2nd garnishee.
It is so ordered.
Dated, signed and delivered at Malindi via electronic mail on this 22nd day of September 2025.
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