Bwambok v Equitorial Land Holding Limited & another; National Bank of Kenya Limited (Garnishee) [2025] KEELC 5095 (KLR)

Bwambok v Equitorial Land Holding Limited & another; National Bank of Kenya Limited (Garnishee) (Environment & Land Case 94 of 2021) [2025] KEELC 5095 (KLR) (8 July 2025) (Ruling)

Neutral citation: [2025] KEELC 5095 (KLR)

Republic of Kenya

In the Environment and Land Court at Kapsabet

Environment and Land Case 94 of 2021

CK Nzili, J

July 8, 2025

Between

Isaack Kiptoo Bwambok

Plaintiff

and

Equitorial Land Holding Limited

1st Defendant

Karebe Mining Limited

2nd Defendant

and

National Bank of Kenya Limited

Garnishee

Ruling

1. The court has looked at the application dated 2/7/2025 and the replying affidavit of Norah Barsemoi on behalf of the Garnishee dated 7/7/2025. An affidavit of service sworn by Dancan Otieno Njoga on 5/7/2025, shows that the judgment debtor was served with the application, but has not filed a response.

2. In absence for any opposition or stay order or decree setting aside the certificate of costs dated 13/6/2025, the court orders that Kshs.1,249,839/= held in the judgment debtor’s account with the Garnishee be deducted and released to the decree holders in full and final satisfaction of the certificate of costs herein.

3. Kshs.15,000/= incidental to the proceedings herein shall also be deduced and paid to the Garnishee’s Lawyers on record.

RULING DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 8TH DAY OF JULY 2025. HON. C.K. NZILIJUDGE, ELC KITALE.In the presence of:Court Assistant - DennisOtieno for the applicant presentTerer for the Garnishee present