Case Metadata |
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| Case Number: | Suit 190 of 2015 |
|---|---|
| Parties: | James Maina Maigua, John Njogu Gachau & Paul Mwangi Warui v Registered Trustees of the Anglican Church of Kenya, |
| Date Delivered: | 13 Dec 2018 |
| Case Class: | Civil |
| Court: | Employment and Labour Relations Court at Nyeri |
| Case Action: | Ruling |
| Judge(s): | Nzioki wa Makau |
| Citation: | James Maina Maigua & 2 others v Registered Trustees of the Anglican Church of Kenya [2018] eKLR |
| Court Division: | Employment and Labour Relations |
| County: | Nyeri |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
SUIT NO. 190 OF 2015
JAMES MAINA MAIGUA......................1ST CLAIMANT
JOHN NJOGU GACHAU.......................2ND CLAIMANT
PAUL MWANGI WARUI........................3RD CLAIMANT
VERSUS
THE REGISTERED TRUSTEES OF THE
ANGLICAN CHURCH OF KENYA..........RESPONDENT
RULING
1. The garnishment sought is in respect of funds held pursuant to a determination by Ongaya J. In his Ruling granting stay, the learned Judge on 30th September 2016 granted a stay of execution of prayer (d) which relates to the issues now sought in garnishment. The Court declined to grant any stay of the other parties of the Judgment pending Appeal.
2. It is common ground that the Court of Appeal dismissed the application under Rule 5(2) (b) of that Court’s Rules. The stay that therefore subsist was granted by this Court and the said stay was conditional. The stay granted was on terms that there be payment of certain sums. A decree nisi was obtained and the sums in question were deposited by parties on compliance with the Court Orders. Mr. Onsare submits they are open for attachment as the Respondent did not comply fully. Mr. Muthee submits for the Church Commissioners that the sums are not capable of attachment.
3. The Court being mindful of the execution process returns as follows in regards to the present application. Whereas a deposit of funds was made pursuant to the conditional stay granted by Ongaya J. the stay excluded application to the funds. Order 22 on execution of decrees and orders under Rule 46 thereof an attachment can be made in respect to property in custody of the Court. The Claimants therefore can seek and obtain and they have sought a decree absolute on garnishee proceedings against the funds that were held pursuant to order of the Court. Expected that there are grounds for the grant of the sums to Claimants and the decree now crystalizes, the garnishee nisi granted herein is made absolute and the funds held by the Advocates in the interest earning account may be released to the Claimants’ Advocate for release to the 3 Claimants as per the Judgment of the Court by Ongaya J. given on 9th September 2016.
It is so ordered.
Dated and delivered at Nyeri this 13th day of December 2018
Nzioki wa Makau
JUDGE
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