Thierry Poussard v Bradley Limited; Ecobank Kenya Limited (Garnishee) [2021] KEELRC 1491 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant's garnishee application dated 25th February 2021 meets the requirements of Order 23 Rule 1 of the Civil Procedure Rules
- 2.Whether the monies held by Eco Bank Limited, Thika Branch to the credit of the judgment-debtor should be attached to satisfy the decree of 6th October 2020
- 3.Whether the garnishee order nisi should be made absolute
Key legal issues
#Whether the garnishee order nisi should be made absolute against Eco Bank Limited
Yes, to the extent of the available balance. The court was satisfied on the merits that the judgment-debtor held accounts with the garnishee, and ordered the Order Nisi made absolute for the available sum of Kshs.3,321,109.82 less garnishee costs, payable after reconciliation and lapse of 7 days.
The claimant held a decree of Ksh.25,534,910 issued on 6th October 2020 which remained unsatisfied; ordinary execution was impossible as the respondent had ceased operations in Kenya. The garnishee confirmed by affidavit the balances in the judgment-debtor's three accounts, one overdrawn. Meeting the Order 23 requirements, the court attached the available credit only, and directed reconciliation and payment within 7 days, with costs to the respondent judgment-debtor.
Legal principles established
#- Under Order 23 Rule 1, a court may, on ex parte application of the decree-holder supported by affidavit showing an unsatisfied decree and a debt owed by a third person to the judgment-debtor, order that the debt be attached to answer the decree together with costs of the garnishee proceedings.
Court orders
#- 1.The Order Nisi is declared absolute
- 2.The claimant shall forthwith be paid from deposits held by the garnishee to the credit of the respondent, judgment-debtor, namely Kshs. 3,321,109.82 from accounts No.xxxx, xxxx and xxxx at Thika Branch, upon undertaking a reconciliation and upon the lapse of 7 days from the date of the order
- 3.The respondent shall meet the costs of these proceedings
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 23 Rule 1 of the Civil Procedure Rules (garnishee proceedings in execution of a decree issued by this court)
Relief refused
#Attachment and payment of the full decretal sum of Ksh.25,534,910
The garnishee's evidence showed available funds of only Kshs.3,321,092.82 across the three accounts, one being overdrawn in USD, so only the available balance could be attached.
Costs
The respondent shall meet the costs of these proceedings.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, the Order Nisi is hereby declared absolute and the following orders issued;
the claimant shall forthwith be paid from deposits held by the garnishee to the credit of the respondent, judgement-debtor, namely, Kshs. 3,321,109.82 and from accounts No.xxxx; .xxxx and xxxx at Thika Branch and upon undertaking a reconciliation and upon the lapse of 7 days from the date hereof.
The respondent shall meet the costs of these proceedings.
Issues in the judgment
#Discrepancy in the available balance figures: the determination records Ksh.3,321,092.82 while the order nisi direction and the final orders use Ksh.3,321,109.82.
The decree date is inconsistently given as 6th October, 2020 in the main text but '6th October, 20020' in the application's prayer (b).
The judgment-debtor's name appears as both 'Bradeley Limited' and 'Bradley Ltd' in the judgment.
The affidavit deponent's name is spelt inconsistently as 'Muchael Muriira' and 'Michael Muriira'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thierry Poussard v Bradley Limited; Ecobank Kenya Limited (Garnishee) [2021] KEELRC 1491 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1491/eng@2021-03-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.