BARCLAYS BANK OF KENYA LTD V. KEPHA NYABERA & 191 OTHERS & ANOR

JUDGMENT OF THE COURT

1.This is an appeal arising from a ruling delivered by the High Court (L. Kimaru, J.) issuing a garnishee order absolute against the appellant to satisfy the decretal sum payable by the 2^nd respondent to the 1^st respondent.

2.The brief facts of the case are that, the 1^st respondents were the plaintiff while the 2^nd respondent was the defendant, in Nakuru HCCC No. 560 of 1998, whereby judgment was entered in favour of the 1^st respondents in the sum of Ksh. 43,000,000/=. In order to realize the fruits of the judgment, the 1^st respondents moved the High Court under Order XXII Rule 1 and 1(a) of the former Civil Procedure Rules, seeking to attach the amounts held by the judgment debtor at the Co-operative bank of Kenya and Barclays Bank of Kenya, Nakuru East Branch (A/C No. 2009627), the appellant herein by way of garnishee order. The High Court issued a garnishee order nisi (subsequently made absolute) against the appellant and Co-operative bank. The order nisi prohib…