Case ID:167219

Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & another; Kenya Commercial Bank Limited (Moi Avenue Branch) & another (Garnishee) [2020] eKLR

Case Metadata

Case Number:

Cause 46 of 2019

Parties:

Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & Kisumu East Branch; Kenya Commercial Bank Limited (Moi Avenue Branch) & Kisumu Teachers Savings And Credit Co-operative Society (Garnishee)

Date Delivered:

27 Nov 2020

Case Class:

Civil

Court:

Employment and Labour Relations Court at Kisumu

Case Action:

Ruling

Judge(s):

Mathews Nderi Nduma

Citation:

Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & another; Kenya Commercial Bank Limited (Moi Avenue Branch) & another (Garnishee) [2020] eKLR

Advocates:

Mr. Rakoro for Claimant/Applicant

Mr. Sigei for Respondent

Court Division:

Employment and Labour Relations

County:

Kisumu

Advocates:

Mr. Rakoro for Claimant/Applicant

Mr. Sigei for Respondent

History Advocates:

Both Parties Represented

Case Outcome:

Application partly allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU

CAUSE NO. 46 OF 2019

JOSHUA O. OGALO...........................................................................CLAIMANT

VERSUS

KENYA NATIONAL UNION OF TEACHERS (KNUT).....1

ST

RESPONDENT

KISUMU EAST BRANCH......................................................2

ND

RESPONDENT

KENYA COMMERCIAL BANK LIMITED

(MOI AVENUE BRANCH).........................................................1

ST

GARNISHEE

KISUMU TEACHERS SAVINGS AND CREDIT

CO-OPERATIVE SOCIETY......................................................2

ND

GARNISHEE

RULING

1. The Claimant/applicant prays for a Garnishee Order attaching Kshs. 1,141,003.05 together with costs from account Number

1107635463

Kenya Commercial Bank, (KCB) Moi Avenue Branch in the name of Kenya National Union of Teachers, and/or Account number 11609 held at Kisumu Teachers Savings and Credit Co-operative Society in the name of Kenya National Union of Teachers, Kisumu East Branch for payment to the Claimants Account Number 0100323625500 held at Standard Bank Limited Kisumu Branch.

2. Garnishee Order Nisi was granted and now the applicant prays for Garnishee Order absolute. The application is opposed vide a replying affidavit of Allan Kawa, the General Manager of the 2nd Garnishee, Kisumu Teachers Savings and Credit Co-operative Society in which it states that as at 18/6/2020, the account sought to be attached only held Kshs.975.98 and issuance of a garnishee Order absolute as requested for a sum of Kshs.141,00305 would serve no useful purpose as it would be incapable of being fulfilled.

3. The 1st Garnishee Kenya Commercial Bank limited has not replied to the application. The Court finds the application against the 1st Garnishee meritorious and grants the same as prayed. The application against the 2nd Garnishee is dismissed.

4. In the final analysis the Court issues an Order in the following terms:-

(a) A Garnishee Order absolute attaching Kshs. 1,141,003.05 together with costs from account No. 1107635463, Kenya Commercial Bank (KCB) Moi Avenue Branch in the name of Kenya National Union of Teachers for payment to the Claimant’s Account No.0100323625500 held at the Standard Bank Limited Kisumu branch is issued.

(b) Costs of the application including costs incurred by the 1st Garnishee are awarded.

Dated and delivered at Nairobi this 27

th

day of November, 2020

MATHEWS N. NDUMA

JUDGE

ORDER

In view of the declaration of measures restricting court of operations due the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15

th

March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with

Order 21 rule 1 of the Civil Procedure Rules

which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by

Article 159(2)(d)

of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under

Article 48

of the Constitution and the provisions of

Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya)

which impose on this court the duty of the court,

inter alia

, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.

MATHEWS N. NDUMA

JUDGE

Appearances

Mr. Rakoro for Claimant/Applicant

Mr. Sigei for respondent

Chrispo – Court Clerk