garnishee orderattachment of debtsarbitral awardbank accountexecution
Tags
garnishee orderexecutionarbitral awardbanking
legislation
Statutes Cited
High Court Rules, 1971
High Court Rules, 1971
High Court Rules, 1971
State Liabilities Act
Finance Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Are respondents in contempt of court for non-payment of judgment?","issue_type":"procedural","dispositive":"no","related_facts":"Respondents failed to pay judgment amounts; both filed rescission applications"}
{"issue_text":"Does mis-citation of State Liabilities Act as [Chapter 22:13] instead of [Chapter 8:14] invalidate Finance Act No. 8 of 2015?","issue_type":"law","dispositive":"no","related_facts":"Finance Act cited wrong chapter number"}
{"issue_text":"Is section 5(2) of State Liabilities Act [Chapter 8:14] unconstitutional?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant claims deprivation of right to property"}
{"issue_text":"Has applicant satisfied requirements for garnishee order under Order 42 Rule 377?","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of specific amounts in bank accounts; no proof money is due and owing"}
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background
Facts of the Case
Background
Applicant sought a garnishee order to attach money in bank accounts of respondents to satisfy arbitral awards registered as court judgments. The court dismissed the application for failure to prove specific amounts due to judgment debtors and compliance with procedural rules.
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