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JudgmentVISHVA BUILDERS LIMITED VS MOI UNIVERSITY3 min read

VISHVA BUILDERS LIMITED VS MOI UNIVERSITY

High Court at Eldoret High Court · · P. J. Otieno


                                                                                                            RULING

  1. Having heard the parties on the Garnishee application dated 23/8/2024, on whether or not to issue a garnishee order absolute against the seven garnishees; and having heard the application by Mr. Haui to withdraw the application against the 2nd, 4th, 5th, 6th, 7th garnishees, which was not resisted by any of the parties; and upon being urged by the counsel for the judgment debtor on why the targeted sums of money should not be attached; and on reading the responses by the applicant as well as the garnishees, the court makes the following orders:
  2. The notice of motion dated 22/8/2024 is withdrawn against the 2nd, 4th, 5th, 6th and 7th defendants.
  3. The cost of the application is awarded to the 4th, 5th and 7th Respondents who have filed notices of appointments and attended court.
  4. Each of the said garnishees is awarded Kshs.40,000 for costs to be paid from the Accounts of the judgment debtor operated with those garnishees
  5. The 2nd and 6th garnishees get no cost having not filed any documents in the matter.
  6. On the position taken by the judgment-debtor that the obligation to pay the decretal sum sits with the national government. who was to fund the project, the court must confirm itself to its records.  The record of the file discloses a judgment and a decree against the judgment debtor with no qualifications.  It would be thus irregular and unlawful to remove the obligation against the judgment debtors and place it on a third party to these proceedings.  What is due for settlement is the decree which places obligation upon the judgment debtor and nobody else.  I find that position by the judgment debtor not tenable.
  7. On the second position that there are bank accounts holding research funds dedicated to research only, the court views such funds to be the kind of property envisage by order 23 Rule 6. The court holds that it would be unjust to order the money paid out of the accounts before the court hears the organisation said to have donated such funds.  The thus court excludes the money in the four accounts disclosed by Mr. Mwangi from being subjected to the garnishee orders.
  8. On appropriate orders that would facilitate the conclusion of this matter, with a tenure of our two decades in court, the court directs;
  9. That a garnishee order absolute does issue against the 1st and 3rd garnishees to pay the decretal sum that shall remain outstanding subsequent to the order absolute issued earlier today on the Notice of Motion dated 16th August 2024.  In effecting such payment, the 1st garnishee shall exclude the four accounts agreed to hold funds for research.
  10. The counsel for the parties, Mr. Haui, Mr. Odwa and Mr. Mwangi shall sit and agree on the current outstanding decretal sum and communicate to the Deputy Registrar on the sum to be disclosed in the order absolute.  That be done within 5 days from today and in default the Deputy Registrar shall settle same. For clarity purposes, the decretal sum in this matter consists of, the sums awarded on arbitration, the costs of arbitral proceedings, costs of the proceedings in this file and interest on such costs.
  11. On the costs of the notice of motion dated 22.8.2024, the same is awarded to the applicant as well as the 1st and 3rd garnishees.  Each of the three parties is awarded costs of Kshs.50,000/=.

Dated, signed and delivered, virtually, this 9th day September, 2024


    VISHVA BUILDERS LIMITED VS MOI UNIVERSITY VISHVA BUILDERS LIMITED VS MOI UNIVERSITY