Case ID:173763

Patrick L. Otieno – Oyoo t/a Oyoo and Company Advocates v Africa Merchant Assurance Co. Ltd; Diamond Trust Bank Kenya Limited(Garnishee) [2021] eKLR

Case Metadata

Case Number:

Miscelleanous Civil Application 5, 6, 7, 9 – 24 & 26 of 2020(Condolidated)

Parties:

Patrick L. Otieno – Oyoo t/a Oyoo and Company Advocates v Africa Merchant Assurance Co. Ltd; Diamond Trust Bank Kenya Limited(Garnishee)

Date Delivered:

20 Apr 2021

Case Class:

Civil

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Patrick L. Otieno – Oyoo t/a Oyoo and Company Advocates v Africa Merchant Assurance Co. Ltd; Diamond Trust Bank Kenya Limited(Garnishee) [2021] eKLR

Court Division:

Civil

County:

Siaya

Case Outcome:

Application 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 HIGH COURT OF KENYA

AT SIAYA

MISCELLEANOUS CIVIL APPLICATION NO. 5 OF 2020

CONDOLIDATED WITH

MISCELLEANOUS CIVIL APPLICATIONS 6, 7, 9 – 24 AND 26 ALL OF 2020

AND

IN THE MATTER OF THE ADVOCATES ACT

AND

IN THE MATTER OF AN ADVOCATE/CLIENT BILL OF COSTS

BETWEEN

PATRICK L. OTIENO – OYOO T/A

OYOO AND COMPANY ADVOCATES.....APPLICANT/DECREE-HOLDER

VERSUS

AFRICA MERCHANT ASSURANCE CO. LTD............................................RESPONDENT/JUDGMENT-DEEBTOR

AND

DIAMOND TRUST BANK KENYA LIMITED..............................................................................................GARNISHEE

RULING

1. On 12.4.2021 this Court received and considered an exparte application by the Decree-Holder/Applicant herein, brought Under Certificate of Urgency, seeking to attach monies held by the Ganishee Diamond Trust Bank Limited on behalf of the Judgment-Debtor, Africa Merchant Assurance Company Limited in Current Account Number 365537001 and fixed Deposit Account No. FDLC 202730002 and FDLC 201750001 at the Garnishee’s – Capital Centre Branch, Nairobi and Funzi Road Branch, Nairobi, be attached in satisfaction of the decree of this court.

2. The Court granted Order Nisi attaching KShs.2,900,000/= to satisfy decree and costs of these Garnishee proceedings.

3. The Respondent/Judgment –Debtor and Garnishee were served with Order Nisi and application for interpartes hearing today but they have not responded and neither does the Garnishee dispute the fact that it holds the amount attached, despite service of the Order Nisi.

4. Accordingly, I confirm the Orders Nisi made on 12.4.2021 and Order that the Order Nisi made on 12.4.2021 is hereby made Order Absolute for the Garnishee Diamond Trust Bank Limited to release to the Decree-Holder a sum of KShs.2,900,000/= in execution of decree of this Court against the Judgment-Debtor Africa Merchant Assurance Company Limited issued on 2.3.2021, from Account Nos.36553700/= Current Account and Fixed Deposit Account No. FDLC 202730002 and FDLC 20175000/= held at the Garnishee’s Capital Centre Branch, Nairobi and Funzi Road Branch, Nairobi, Respectively.

5. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 20

TH

DAY OF APRIL, 2021

R.E. ABURILI

JUDGE