The Plaintiff brought a suit for defamation against the defendant praying for general damages for defamation, Punitive damages for libel and the cost of the suit. The court after considering the pleadings and submission by the parties delivered a judgment in favour of the Plaintiff. The court awarded the Plaintiff Kshs. 2 Million for General damages, Kshs 1 Million for Punitive damages and Kshs. 1 Million for exemplary damages totaling to Kshs. 5,850,000.
The Plaintiff filed an Appeal being Civil Appeal No. 100 of 2016 and the Judgment debtor filed an application seeking an order of stay of execution of the Judgment of the court delivered on 31st of March 2016.
The Application for stay was dismissed and the Decree holder proceeded to execute through attachment the judgment debtor’s property through Pavement Auctioneers.
Pavement Auctioneers managed to raise Kshs. 2,850,000 and therefore a balance of Kshs. 3,000,000 remains unsatisfied.
The Plaintiff/decree holder has proceeded to file an application seeking the attachment of the Judgment Debtors monies held at MANYATTA BANK LIMITED (herein referred to as the Garnishee) for the recovery of the 3 Million being the unsatisfied decretal sum.
I , JUMA an Advocate of the High Court of Kenya do certify that this matter is extremely urgent in that the decree issued herein remains unsatisfied despite attachment of the Judgment- debtor’s property. The decree holder through Pavement Auctioners attached the judgment debtors property through warrants dated 20th of May 2016 for Kshs. 5,850,000 The said auctioneers sold the attached property for Kshs. 2,850,000 as thus leaving a balance of Kshs. 3,000,000 unsatisfied.
In view of the above, the said decree remains unsatisfied to the tune of Kshs. 3,000,000. The Applicant is therefore seeking an order of Garneshee against the Manyatta Bank Limited who holds a money account belonging to the judgment debtor in satisfaction of the decree.
UNLESS the orders sought are granted, the Decree-holder continues to suffer prejudice.
DATED at MANYATTA this. of . 2016
JUMA & COMPANY ADVOCATES FOR THE DECREE HOLDER
DRAWN AND FILED BY:
JUMA & COMPANY ADVOCATES, P. BOX 2, MANYATTA.
TO BE SERVED UPON:
MAFISI & COMPANY ADVOCATES, P. BOX 1, MANYATTA.
(Under Order 23 of the of the Civil Procedure Rules) TAKE NOTICE THAT this Honorable court will be moved on the . of. at 9:00 O’ clock in the forenoon or soon thereafter for the hearing of this application by the Applicant for orders:
1)THAT the application be certified as urgent, service be dispensed with and heard ex-parte in the 1st instance.
2)THAT pending the inter parties hearing and determination of this Application, this Honorable court be pleased to issue an order Nisi against the Garnishee directing that all money held in the account by the Garnishee in the judgment debtor’s name Njathi Tumu Account No. 0123485678, Manyatta Branch be attached to clear the decretal amount herein of Kshs. 3,000,000.
3)THAT this Honorable Court be pleased to issue an order absolute against the Garnishee directing that all money held in the account by the Garnishee in the judgment debtors name Njathi Tumu Account No. 0123485678, Manyatta Branch be attached to clear the decretal amount herein of Kshs. 3,000,000.
4)THAT costs of the Garnishee Proceedings be borne by the judgment debtor.
WHICH APPLICATION is supported by the annexed affidavit of KABIYET MOTIWOT and on the following GROUNDS;
DATED at MANYATTA this . of . 2016.
3,000,000 despite attachment and sale of the Judgment Debtor’s property.
SWORN at MANYATTA by the said > > KABIYET MOTIWOT >. > this day of 2016 > DEPONENT > BEFORE ME > > > > COMMISSIONER FOR OATHS >