Case Law Category: 2019
Case No.
MISC/E453/2019
Rationale & Relevance
The Court’s finding that justice will require the Applicant and the Judgment Detor to share the Garnishee’s costs equally was guided by the case of Republic v Medical Practitioners and Dentists Board and 3 others Exparte Kenya Hospital Association (2014) Eklr. The Court stated that the Garnishee Proceedings could have been averted if the Judgment Debtor settled the decretal sum in time as agreed. In addition to this, the Applicant was obligated to confirm particulars of the Judgment Debtor’s accounts before initiating the garnishee proceedings.
Links
4-MISC. APPLICATION NO. E 453 OF 2019-SUMMARY
4-MISC.NO.E453 2019- CM CONSTRUCTION (E.A) LIMITED -VS- NINE SISTERS LIMITED