Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…debtor phone Number 0716041281 , through which the said plaintiff/judgment debtor transacted a total of Kshs.347,635.00/= for the period between 24 th July 2024 to 1 st September 2024. 7.…
…for the said phone number since the order Nisi, extended to any other telephone numbers maintained and run by the said judgment debtors in the primary suit.…
Division and case type: High Court CivilCivil Appeal
…Jennifer Thiga, who averred that the Garnishee had closed all the accounts belonging to the Judgment Debtor.…
…The Appellant’s case was that it did not hold any funds or account on behalf of the Judgment Debtor as its accounts had been closed October 2021.…
Division and case type: High Court CivilCivil Appeal
…Jennifer Thiga, who averred that the Garnishee had closed all the accounts belonging to the Judgment Debtor.…
…The Appellant’s case was that it did not hold any funds or account on behalf of the Judgment Debtor as its accounts had been closed October 2021.…
Division and case type: High Court CivilCivil Appeal
…Jennifer Thiga, who averred that the Garnishee had closed all the accounts belonging to the Judgment Debtor.…
…The Appellant’s case was that it did not hold any funds or account on behalf of the Judgment Debtor as its accounts had been closed October 2021.…
Division and case type: High Court CivilCivil Appeal
…Jennifer Thiga, who averred that the Garnishee had closed all the accounts belonging to the Judgment Debtor.…
…The Appellant’s case was that it did not hold any funds or account on behalf of the Judgment Debtor as its accounts had been closed October 2021.…
Division and case type: High Court CivilCivil Appeal
…Jennifer Thiga, who averred that the Garnishee had closed all the accounts belonging to the Judgment Debtor.…
…The Appellant’s case was that it did not hold any funds or account on behalf of the Judgment Debtor as its accounts had been closed October 2021.…
Division and case type: CivilCivil Appeal
…If, however, at the passing of the decree the judgment debtor is within the precincts of the court, the holder of a decree for payment of money may apply orally for immediate execution of it by arrest of the judgment-debtor…
…First, the judgment debtor who did not contest the suit at any stage and finds his vehicle worth Kshs 300,000 attached and sold in satisfaction of a decree for Kshs 2,000.…
Division and case type: MERU HIGH COURTCivil Appeal
…Debtor in prison.…
…, the Court, for reasons to be recorded in writing is satisfied – (a) that the judgment-debtor with the object or effect of obstructing or delaying the execution of the decree – (i)is likely to abscond or leave the local…
Division and case type: High Court DivCivil Appeal
…Learned Counsel for the Appellant/Decree Holder/Respondent urged this court not to allow the objections for reasons that; firstly, the same are incompetent as they were not filed upon the judgment debtor in whose name the…
…The Objectors herein, have exhibited documents which prove that they together with the Judgment Debtor, were the registered owners of the motor vehicle KCJ 453 N as at the time of the impugned attachment.…
Division and case type: High Court CivilCivil Appeal
…Ltd, the judgment debtor/2 nd respondent herein in the account name of Africa Merchant Assurance Co.…
…The appellant raised one issue for determination, that is, whether a Garnishee should be compelled to pay debts of the Judgment-Debtor. beyond funds that it holds to the Judgment/Debtor's credit. 15.…
Division and case type: High Court CivilCivil Appeal
…Ltd, the judgment debtor/2 nd respondent herein in the account name of Africa Merchant Assurance Co.…
…The appellant raised one issue for determination, that is, whether a Garnishee should be compelled to pay debts of the Judgment-Debtor. beyond funds that it holds to the Judgment/Debtor's credit. 15.…
Division and case type: High Court DivCivil Appeal
…It is also deponed that this debenture purporting to charge all of the appellant /judgment decree debtors assets as created fraudulently and as part of a conspiracy between the objector and the appellant judgment debtor to…
…debtor’s assets from lawful execution.…
Division and case type: CivilCivil Case
…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…
…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…
Division and case type: High Court CivilCivil Appeal
…If the judgment creditor satisfies the Court on the existence of the Garnishee who is holding money due to the judgment debtor, such third party (Garnishee) will be called upon to show cause why the judgment debtor's money…
…The primary object of a garnishee order is thus to make the debt due by the debtor of the judgment debtor available to the decree holder in execution without driving the garnishee to the suit. 20.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On the Garnishee Order Absolute, it was submitted that garnishee liability only extends to monies actually held for the judgment debtor.…
…Reference was made to Order 23 Rule 1 Civil Procedure Rules which permits attachment of debts due from a garnishee to a judgment debtor. 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…On the Garnishee Order Absolute, it was submitted that garnishee liability only extends to monies actually held for the judgment debtor.…
…Reference was made to Order 23 Rule 1 Civil Procedure Rules which permits attachment of debts due from a garnishee to a judgment debtor. 13.…
Division and case type: High Court CivilCivil Appeal
…The essence of the attachment is to remove the goods from the possession of the judgment-debtor and place them in the custody of the law so that they can be sold to satisfy the judgment debt if the judgment-debtor does not…
…Gatonye correctly submitted, that the goods must be carried away from the premises of the judgment-debtor.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The auctioneers issued a notice of proclamation dated 2 nd October 2023 to the 2 nd respondent/judgment debtor. 4.…
…The grounds were that the motor vehicle belonged to him and not the 2 nd respondent/judgment debtor.…
Division and case type: High Court DivCivil Appeal
…Together with her husband, they are judgment debtors in Bungoma CMCC No. 414 of 2017.…
…Anwar informed the court that the 2nd defendant/ judgment debtor ( JD), the applicant, had been brought under a warrant of arrest issued on 11.7.2024.…
Division and case type: High Court CivilCivil Appeal
…in trust for the judgment-debtor; or (2) that the objector holds that property on his own account.…
…Debtor.…