Case Metadata |
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| Case Number: | Tribunal Case 16 of 2015 |
|---|---|
| Parties: | Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society; Co-Operative Bank of Kenya Limited (Garnishee) |
| Date Delivered: | 21 May 2020 |
| Case Class: | Civil |
| Court: | Cooperative Tribunal |
| Case Action: | Ruling |
| Judge(s): | Hon. B. Kimemia Chairman, Hon. F. Terer Deputy Chairman, P. Gichuki Member. |
| Citation: | Jane Peninah Atieno Omange v Kimute Co-Operative Savings and Credit Society; Co-Operative Bank of Kenya Limited (Garnishee)[2020] eKLR |
| Court Division: | Tribunal |
| County: | Kisumu |
| 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 CO-OPERATIVE TRIBUNAL AT KISUMU
TRIBUNAL CASE NO. 16 OF 2015
JANE PENINAH ATIENO OMANGE...........................................CLAIMANT
VERSUS
KIMUTE CO-OPERATIVE SAVINGS AND
CREDIT SOCIETY....................................................................RESPONDENT
AND
CO-OPERATIVE BANK OF KENYA LIMITED....................GARNISHEE
RULING
Notice of Motion dated 19.11.2019 seeking the following orders :
1. Spent
2. Spent
3. Spent
4. Spent
5. That the Garnishee to appear before the Tribunal to show cause why all shares and dividends owned by the Judgment Debtor and held by itself should not be attached so as to settle the decretal amount of Kshs.120,000/= including interest at court rates from 2007 until full satisfaction of the decree together with costs of the suit of Kshs.51,940/- and interest thereon.
6. That the Tribunal be pleased to appoint a duly licensed stock broker to sell the shares owned by the Judgment Debtor and held by the Garnishee to answer the decretal sum of Kshs.120,000/= including interest at court rates from 2007 until full satisfaction of the decree together with costs of Kshs.51,940 and interest thereon.
7. That the costs of this Application be awarded to the Decree Holder.
The Application is based on the grounds on the face of the Application and supported by Miriam Omongo Advocate deponed on 19.11.2019.
The Application was duly served together with the Order Nisi issued against the Garnishee as per Affidavit of Service filed on 14.2.2020. There was no appearance nor Grounds of Opposition or Replying Affidavit filed by the Garnishee in respect of the said Application.
The Garnishee did not therefore show cause as to why they should not settle the decretal amount plus costs and interest.
In the circumstances, we accordingly confirm the Order Nisi issued on 4.12.2019 against Garnishee herein for the decretal amount of Kshs.120,000/=, costs at Kshs.51,940/= plus costs of this Application.
Read and delivered in accordance with the guidelines issued by the Hon. Chief Justice on 15.3.2020, this 21st day of May, 2020.
Prepared by Hon. B. Kimemia Chairman, Hon. F. Terer Deputy Chairman, P. Gichuki Member.
With consent of the parties, the final orders to be delivered by email, as accordance to the prevailing measures during the covid-19.
Hon. B. Kimemia Chairman Signed 21.5.2020
Hon. F. Terer Deputy Chairman Signed 21.5.2020
P. Gichuki Member Signed 21.5.2020
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