Kiplagat Kotut v Rose Jebor Kipngok Standard Chartered Bank Ltd (Garnishee) [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
S. M. Kibunja
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key highlights of Kiplagat Kotut v Rose Jebor Kipngok Standard Chartered Bank Ltd (Garnishee) [2020] eKLR. This case summary provides insights into the legal principles and outcomes relevant to garnishee proceedings.

Case Brief: Kiplagat Kotut v Rose Jebor Kipngok Standard Chartered Bank Ltd (Garnishee) [2020] eKLR

1. Case Information:
- Name of the Case: Kiplagat Kotut v. Rose Jebor Kipngok & Standard Chartered Bank Ltd
- Case Number: ELC Appeal No. 32 of 2019
- Court: Environment and Land Court of Kenya at Eldoret
- Date Delivered: 14th October 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja
- Country: Kenya

2. Questions Presented:
The central legal issues for determination were:
(a) Whether the Appellant made a reasonable case for a preservatory order pending the appeal's hearing and determination.
(b) Who should bear the costs of the application.

3. Facts of the Case:
The Appellant, Kiplagat Kotut, sought a preservatory order to freeze the balances in the Respondent's bank account pending an appeal concerning a cost award of Kshs.390,425 from a previous case (C.A.C.A. No. 31 of 2015). The Respondent, Rose Jebor Kipngok, opposed the application, arguing that the Appellant had not disclosed the success of other asset attachments and that the appeal was misplaced. The Garnishee, Standard Chartered Bank Ltd, was involved as it held the account in question.

4. Procedural History:
The Appellant's application was initiated through a Motion dated 10th September 2019, supported by affidavits from both the Appellant and his Advocate. The Respondent responded with an undated replying affidavit filed on 16th September 2019. Both parties submitted written arguments, with the Appellant's submissions dated 13th March 2020 and the Respondent's on 18th May 2020. The Deputy Registrar had previously struck out the Appellant's execution application on 10th September 2019, prompting the appeal.

5. Analysis:
- Rules: The court considered Order 40 Rule 2 of the Civil Procedure Rules, which governs the issuance of injunction orders and preservatory measures. The court also referenced Section 27 of the Civil Procedure Act regarding the awarding of costs.
- Case Law: The court cited the case of *International Air Transport Association & Another v. Akarim Agencies Company Ltd & 2 Others (2014) eKLR*, which outlines the grounds for issuing freezing orders. Additionally, *David Kimaiyo v. Mercy Jebet Baswony & Another [2015] eKLR* was referenced concerning the procedural aspects of garnishee proceedings.
- Application: The court found that the Appellant's supplementary affidavit was improperly filed as it was not submitted within the granted timeline and lacked the necessary payment documentation. Consequently, the court ruled that the remaining evidence was insufficient to support the requested preservatory order.

6. Conclusion:
The court dismissed the Appellant's Motion dated 10th September 2019, ruling that it lacked merit and ordered the Appellant to bear the costs of the application. This decision underscores the importance of adhering to procedural rules in civil litigation.

7. Dissent:
There was no dissenting opinion noted in this ruling as it was a singular judgment delivered by Judge S. M. Kibunja.

8. Summary:
The court's ruling in *Kiplagat Kotut v. Rose Jebor Kipngok* emphasizes the necessity for compliance with procedural requirements in seeking preservatory orders. The dismissal of the Appellant's motion not only reflects the court's commitment to procedural integrity but also illustrates the challenges litigants face when navigating the complexities of civil procedure. The ruling serves as a reminder of the importance of proper documentation and timely submissions in legal proceedings.

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