ODHIAMBO OWITI & COMPANY ADVOCATE V. CFC STANBIC BANK LIMITED

JUDGMENT OF THE COURT

Introduction and Background Information.

The appellant, Odhiambo Owiti and Company Advocates, in the course of their professional calling acted variously for Standard Assurance Kenya Limited, hereinafter referred to as the Judgment debtor”. In the year 2008 the appellant moved to Kisumu High Court and filed Misc. Application No.88 of 2008 seeking taxation of costs as against the judgment debtor for professional services rendered. The Deputy Registrar taxed the bill of costs in favour of the appellant as against the judgment debtor to the total tune of Kshs.2, 889,300.00. A certificate of costs was issued by the Deputy Registrar Kisumu on the 24^th day of February, 2009.

The appellants filed a chamber summons to realize the fruits of the certificate of taxation in their favour by instituting Garnishee proceedings against the respondent, CFC Stan Bic Bank Limited, under order xxii rules 1A and 10 and section 3A of the Civil Procedure Act, in the same file where the bil…