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Ganishee Application in Civil Litigation.

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How to Draft Ganishee Application in Kenya.

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THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APP. NO. 2 OF 2017
NATASHA BUILDING CONTRACTORS LIMITED.…..DECREE HOLDER/APPLICANT

VERSUS

EDWARD NZIA…………………..…...………….......JUDGMENT DEBTOR/RESPONDENT

AND

EQUITY BANK KENYA LIMITED……………………………………………....GARNISHEE

CERTIFICATE OF URGENCY

We, the firm of F23 & Co. Advocates, who have the conduct of this suit on behalf of the
Applicant do hereby certify that this application is extremely urgent and should be heard on a
priority basis as the Applicant has obtained judgment against the Respondent and wishes to
execute the said judgment by instituting garnishee proceedings against the Garnishee herein, who
are the custodians of Respondent’s bank account, an account which the Applicant believes has
sufficient funds to satisfy the decree issued by this Honorable Court AND unless an order for the
attachment of the Respondent’s bank account is issued, the Respondent may move the money out
of the said bank account thus rendering this application irrelevant.


DATED at Nakuru this……………………..day of……………………………………… 2017

F23 & CO.
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:
F23 & Co. Advocates,
Karen House,Bogani Road
3rd Floor, Room 3,
P.O Box 001-00100,
Nakuru.
020-2247266
Admission no…..
P c no……

, THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
MISC. APP. NO. 2 OF 2017
NATASHA BUILDING CONTRACTORS LIMITED.…..DECREE HOLDER/APPLICANT

VERSUS

EDWARD NZIA…………………..…...………….......JUDGMENT DEBTOR/RESPONDENT

AND

EQUITY BANK KENYA LIMITED……………………………………………....GARNISHEE


NOTICE OF MOTION

(Under Order 23 Rules 1 &2 of the Civil Procedure Rules, 2010, Sections 1A, 1B, 3A and All
Other Enabling Provisions of the Law)

TAKE NOTICE that this Honourable court will be moved on the..…day of………………2017 at
9.00 O’clock in the forenoon or soon thereafter so that Counsel for the Applicant may be heard on
an application for ORDERS THAT:

1. This Honourable Court be pleased to certify this application as urgent and for it to be heard
ex-parte in the first instance.

2. This Honourable Court be pleased to issue an Order to the Garnishee to show cause why
the Respondent’s account with them should not be attached in satisfaction of the
Applicant’s decree.

3. This Honourable Court be pleased to issue an Order for the attachment of the Respondent’s
bank account with the Garnishee to answer and or satisfy the decree issued on 19th August,
2017.

4. That the costs of this application be provided for.

WHICH APPLICATION is based on the following GROUNDS:

a) The Plaintiff/Applicant obtained judgment against the Defendant/Respondent on 14th July,
2017 for the sum of Kshs.20,000,000.

b) That a Decree was issued on 19th August 2017 and thereafter served on the Respondent.

c) That the said Decree remains unsatisfied to date.

d) That the Respondent has a bank account held with the Garnishee, being Account Number
10111203000061 Nakuru Town Branch, which has the funds sufficient to wholly satisfy
the said Decree.

e) That it is in the interest of justice that the Orders sought herein be granted.

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Uploaded on
April 30, 2023
Number of pages
6
Written in
2022/2023
Type
Class notes
Professor(s)
Ms. mongs.
Contains
Civil litigation

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