Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society; Co-Operative Bank of Kenya Limited (Garnishee)[2020] eKLR Case Summary

Court
Co-operative Tribunal at Kisumu
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
May 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society and Co-Operative Bank of Kenya Limited (Garnishee) [2020] eKLR, highlighting key legal insights and implications for financial institutions.

Case Brief: Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society; Co-Operative Bank of Kenya Limited (Garnishee)[2020] eKLR

1. Case Information:
- Name of the Case: Jane Peninah Atieno Omange v. Kimute Co-operative Savings and Credit Society and Co-operative Bank of Kenya Limited
- Case Number: Tribunal Case No. 16 of 2015
- Court: Co-operative Tribunal at Kisumu
- Date Delivered: May 21, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal issues to be resolved by the court include:
- Whether the Garnishee (Co-operative Bank of Kenya Limited) should be compelled to settle the decretal amount owed by the Judgment Debtor (Kimute Co-operative Savings and Credit Society) to the Claimant (Jane Peninah Atieno Omange).
- The appropriateness of appointing a stock broker to sell shares owned by the Judgment Debtor to satisfy the decree.

3. Facts of the Case:
The Claimant, Jane Peninah Atieno Omange, initiated the case against the Respondent, Kimute Co-operative Savings and Credit Society, seeking to recover a decretal amount of Kshs.120,000 along with costs and interest. The Co-operative Bank of Kenya Limited was named as the Garnishee, holding shares and dividends belonging to the Judgment Debtor. The Claimant's application was predicated on the need to attach these shares to satisfy her judgment.

4. Procedural History:
The Claimant filed a Notice of Motion on November 19, 2019, seeking several orders related to the garnishment of the Judgment Debtor's assets. The application was duly served, and an Order Nisi was issued against the Garnishee on December 4, 2019. Notably, the Garnishee failed to appear or respond to the application, leading to a confirmation of the Order Nisi by the Tribunal on May 21, 2020.

5. Analysis:
- Rules: The court considered relevant procedural rules regarding garnishment and enforcement of judgments, as well as statutory provisions related to the attachment of debts and assets to satisfy a decree.
- Case Law: The court referenced previous cases that establish the principles of garnishment and the obligations of a garnishee to respond to court orders. These cases underscore the importance of a garnishee's duty to disclose assets held on behalf of a judgment debtor.
- Application: The Tribunal applied the relevant rules and case law by affirming the Claimant's right to the decretal amount. Given the Garnishee's lack of response and failure to show cause, the court ruled in favor of the Claimant, confirming the Order Nisi and allowing for the appointment of a stock broker to facilitate the sale of the shares.

6. Conclusion:
The court ruled in favor of the Claimant, confirming the Order Nisi against the Garnishee for the payment of Kshs.120,000 plus costs. This decision reinforces the enforceability of judgments and the responsibilities of garnishees to comply with court orders, highlighting the legal framework for debt recovery in Kenya.

7. Dissent:
There were no dissenting opinions in this case as the decision was unanimous among the Tribunal members.

8. Summary:
The Co-operative Tribunal at Kisumu ruled in favor of Jane Peninah Atieno Omange, confirming an order for the Garnishee, Co-operative Bank of Kenya Limited, to pay the decretal amount owed by the Judgment Debtor. This case emphasizes the importance of compliance by garnishees in the execution of court orders and the mechanisms available for creditors to recover debts in Kenya.

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