Martin Mwangi Ndirangu v Invesco Assurance Co. Ltd; Co-operative Bank of Kenya & 2 others (Garnishee) [2020] eKLR Case Summary

Court
High Court of Kenya at Garissa
Category
Civil
Judge(s)
C. Kariuki
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Martin Mwangi Ndirangu v Invesco Assurance Co. Ltd; Co-operative Bank of Kenya & 2 others (Garnishee) [2020] eKLR


1. Case Information:
- Name of the Case: Martin Mwangi Ndirangu v. Invesco Assurance Co. Ltd
- Case Number: Civil Case No. 4 of 2017
- Court: High Court of Kenya at Garissa
- Date Delivered: October 28, 2020
- Category of Law: Civil
- Judge(s): C. Kariuki
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
1. Whether the 3rd Garnishee's failure to remit the sum of Kshs. 5,150,404/- constitutes contempt of court.
2. If contempt is established, what penalties or orders should be imposed on the 3rd Garnishee and its Managing Director?

3. Facts of the Case:
The plaintiff, Martin Mwangi Ndirangu, obtained a judgment against the defendant, Invesco Assurance Co. Ltd, and subsequently sought garnishee orders against several financial institutions, including the 3rd Garnishee, Family Bank Limited. The 3rd Garnishee was served with a Garnishee Order Nisi in April 2019, which it ignored, leading to a Garnishee Order Absolute issued on July 29, 2020. The 3rd Garnishee only remitted Kshs. 400,000/- instead of the ordered Kshs. 5,150,404/-, claiming insufficient funds were available. The plaintiff argued that this was a blatant breach of the court’s orders.

4. Procedural History:
The plaintiff filed a notice of motion on August 25, 2020, seeking to hold the 3rd Garnishee in contempt for failing to comply with the court's orders. The 3rd Garnishee responded by asserting its intention to appeal the ruling and claiming it had complied to the best of its abilities given the financial situation. The court heard submissions from both parties regarding the contempt application and issued its ruling on October 28, 2020.

5. Analysis:
- Rules: The court considered the provisions of the Judicature Act Cap 8 and the Civil Procedure Act, particularly focusing on the enforcement of court orders and the penalties for contempt.
- Case Law: The court referenced several cases, including *Kenya Human Rights Commission v. Attorney General & Another* [2018] eKLR, which emphasized the necessity of compliance with court orders to uphold the rule of law. It also cited *Nyamondi Ochieng v. K.P.T. Corporation* [1994] eKLR regarding the requirement for personal service of contempt orders.
- Application: The court found that the 3rd Garnishee had been duly served with the court's ruling and had failed to comply. The court determined that the 3rd Garnishee's actions constituted contempt, as it had only remitted a small fraction of the ordered amount while having access to sufficient funds.

6. Conclusion:
The court ruled that the 3rd Garnishee was in contempt of court for failing to remit the full amount as ordered. It imposed a fine of Kshs. 200,000/- and ordered the 3rd Garnishee to comply fully with the original order within seven days. Failure to do so would result in the Managing Director being committed to civil jail for one month.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The court found the 3rd Garnishee in contempt for failing to comply with a court order to remit Kshs. 5,150,404/-. The ruling emphasized the importance of upholding court orders to maintain public confidence in the judicial system. The decision has broader implications for the enforcement of court orders and the accountability of financial institutions in Kenya.

Citations:
- Judicature Act Cap 8, Laws of Kenya
- Civil Procedure Act
- Kenya Human Rights Commission v. Attorney General & Another [2018] eKLR
- Nyamondi Ochieng v. K.P.T. Corporation [1994] eKLR
- Carey v. Laiken [2015] SCC17
- Eliud Muturi Mwangi v. LSG Lufthansa Services Europa/Africa GMBH & another [2015] eKLR

Document Summary

Below is the summary preview of this document.

  • Martin-Mwangi-Ndirangu-v-Invesco-Assurance-Co-Ltd-Co-operative-Bank-of-Kenya--2-others-Garnishee-[2020]-eKLR-Case-Summary_2752_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries