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JudgmentSIMIYU WATTANGA TA MAKOKHA WATTANGA AND KUYALI ADVOCATES VS AFRICA MERCHANT ASSURANCE CO. LTD1 min read

SIMIYU WATTANGA TA MAKOKHA WATTANGA AND KUYALI ADVOCATES VS AFRICA MERCHANT ASSURANCE CO. LTD

High Court at Bungoma High Court · · M.S.Shariff

'       Ruling

1. Upon the Applicant''s Notice of Motion dated 27. 10.2025 coming for hearing ex parte at the first instance, i have duly perused the same, the affidavit of Serah Wanjiku Karuga sworn on even date and the enclosures attached thereto and I do find that urgency has been demonstrated, and the applicant has made out a case for grant of interim orders wherefore I do hereby make the following orders :

i)This application is certified as urgent.
ii) This court hereby consolidates Bungoma HC MSC A NOS 128/18, 129/18, 130/18, 132/18 and 133/18 for purposes of this application
iII) An order Nisi is hereby issued against the Garnishee Ms Safaricom LPC attaching all monies held by it on account of the judgment debtor in Mpesa Till No 4106404, restraining it from allowing any withdrawals, transfers or any dealings whatsover by the judgment debtor until the sum of Ksh 1, 100,081 is paid to the law firm of Wanjiku Karuga & Company Advocates in favour of the applicant.

iv) The Applicant is directed to serve the Respondent and the Garnishee with this application within 2 days from the date hereof and responses be filed within 6 days from this date.

v) The Garnishee is directed to appear before this court on 5th November 2025 and show cause as to why it ought not pay the firm of Wanjiku Karuga the sum of Ksh 1,100,081 in settlement of the consolidated certified costs due to the Applicant.
Delivered, Signed and Dated at Bungoma this 28th day of October 2025
M.S. Shariff
Judge

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