Case law
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Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…
…Rule 1 (2) of Order 22 of the Civil Procedure Rules require at least seven days before the day of hearing the Garnishee order nisi shall be served on the Garnishee.…
Division and case type: High Court CivilCivil Suit
…The Plaintiff immediately thereafter instituted garnishee proceedings against the Defendant and on the same date, 3rd June 2024, garnishee order nisi was issued to restrain any debiting of the Defendant’s account No. 1106692314…
…The granting of the garnishee order nisi precipitated the filing of the application dated 12th June 2024 which is the subject of this ruling.…
Division and case type: High Court CivilCivil Suit
…The Plaintiff/ Decree Holder filed a Notice of Motion application dated 14th May, 2026 seeking for issuance of Garnishee Order Nisi for a sum of Kshs. 80,000/= out of the funds held by the Garnishee in the accounts of the…
…Pending hearing and determination of the application, Garnishee Order Nisi were issued inter-partes on 26th May 2026. 3. Directions were issued on the application.…
Division and case type: High Court CivilCivil Suit
…Upon the court’s satisfaction that the provisions of Order 23, Rule 4 have been complied with or effected, it may direct that the garnishee order nisi be made absolute.…
…Separately, it is clear from the record that when the instant Application came up in court ex parte on 3 rd April 2025, this court directed that a garnishee order nisi be issued against the Garnishee.…
Division and case type: Environment and Land CourtCivil Suit
…The application seeks for orders that; Pending the hearing and determination of the application interpartes, a Garnishee order Nisi do issue against KCB BANK LIMITED hereinafter referred to as the Garnishee, directing it…
…At the further inter partes hearing of the application, the Garnishee Order Nisi issued in terms of prayer 1 above be made absolute. The costs of this applications be provided for.…
Division and case type: High Court CivilCivil Suit
…In the meantime, pending the hearing and determination of the Application, a Garnishee Order Nisi is hereby issued to KCB Bank Kenya Limited (the Garnishee), directing and/or ordering that monies held by the Garnishee, for…
Division and case type: High Court CivilCivil Suit
…On account of this Application, this Court, on 4/01/2026, issued a Garnishee order nisi “freezing” the subject bank accounts, in the interim, pending inter partes hearing of the Application. 3.…
…The first is a garnishee order nisi. Nisi is Norman-French. It means ‘unless’.…
Division and case type: High Court CivilCivil Suit
…On account of this Application, this Court, on 4/01/2026, issued a Garnishee order nisi “freezing” the subject bank accounts, in the interim, pending inter partes hearing of the Application. 3.…
…The first is a garnishee order nisi. Nisi is Norman-French. It means ‘unless’.…
Division and case type: High Court CivilCivil Suit
…Spent Spent Spent Spent Spent Spent THAT the Honourable Court be pleased to grant a Garnishee Order nisi against the Garnishee being Account No. 01004007563400 ordering that all monies lying and/or held in Deposit by the…
…In the alternative to the prayers for a Garnishee Order nisi against the Garnishee, this Honourable Court be pleaded to order the Garnishee to release to the Plaintiff’s Advocates the guaranteed sum of Kshs. 62,000,000/=…
Division and case type: High Court CivilCivil Suit
…On account of this Application, this Court, on 28/11/2025, issued a Garnishee order nisi “freezing” the said various bank accounts, in the interim, pending the inter partes hearing. 4.…
…The 2nd Application dated 1/12/2025 filed by the Defendant through Messrs Kipkorir Cheruiyot, Chivai & Kigen Advocates LLP, basically seeks stay of execution and lifting or setting aside of the Garnishee order nisi. 5.…
Division and case type: High Court CivilCivil Suit
…Nisi restraining any debiting of account number 1106692314 held at Kenya Commercial Bank through Garnishee proceedings instated before this Honourable court causing untold financial hardship to the Applicant; That the said…
…Nisi obtained by the Defendant on the strength of the irregular Judgment and Decree restraining any debiting of account number 1106692314 held at Kenya Commercial Bank threatens to deprive the Applicant of much needed funds…
Division and case type: High Court DivCivil Suit
…She further avers that on 6th March, 2025 the Plaintiff/Respondent proceeded to file a garnishee application against the Defendant/Applicant in Milimani Chief Magistrate’s Court Civil Suit E4615 of 2024 and the garnishee order…
…nisi was made absolute in the sum of 7,250,367.50/= with costs assessed at Kshs. 100,000/= to the decree holder and Kshs. 30,000/= to each garnishee. 14.…
Division and case type: High Court DivCivil Suit
…That application was dismissed by Odunga J (as he then was) in a ruling dated 27th June 2022 where he stated - “[23] In this case the court found that whereas the order nisi was issued on 22nd December 2020, the garnishee…
Division and case type: High Court CivilCivil Suit
…That instead the 1st Defendant has moved to recover various fee notes and has obtained a Garnishee order Nisi against the plaintiffs Bankers for an amount of Kshs. 31,257.00. 9.…
Division and case type: Environment and Land CourtCivil Suit
…The monies held in the Defendant’s account at Co-operative Bank of Kenya (the Garnishee) were also attached and released to the Plaintiffs in satisfaction of the judgment debt after the garnishee order nisi was made absolute…
…That pending the hearing and determination of the application inter partes, there shall be a stay of the garnishee proceedings, and execution of the garnishee order nisi and /or absolute made herein; 3. …
Division and case type: High Court CivilCivil Suit
…Nisi issued herein should now be made absolute and the funds held by the Defendant in the various banks be released to the Plaintiff in execution of the decree”. 32.…
…Nisi currently in force shall continue so operating awaiting such compliance. vi) Upon lapse of the forty-five (45) days aforesaid, should the Defendant not have complied with the orders hereinabove, the Plaintiff shall…
Division and case type: High Court CivilCivil Suit
…Nisi issued herein should now be made absolute and the funds held by the Defendant in the various banks be released to the Plaintiff in execution of the decree”. 32.…
…Nisi currently in force shall continue so operating awaiting such compliance. vi) Upon lapse of the forty-five (45) days aforesaid, should the Defendant not have complied with the orders hereinabove, the Plaintiff shall…
Division and case type: High Court CivilCivil Suit
…From the foregoing analysis, the following orders shall and are hereby issued: 1) The Plaintiff’s suit against the Defendant is hereby dismissed. 2) The garnishee order nisi issued in respect of Defendant’s account No. 1106692314…