TOM OMONDI V JANE KOMBE [2004] KEHC 2575 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL APPEAL NO. 123 OF 1999 TOM OMONDI ……………………………………… APPELLANT - V E R S U S – JANE KOMBE ……………………………………… RESPONDENT R U L I N G The applicant was called before Deputy Registrar to show cause why her 1/3 salary should not be attached. The matter was scheduled for hearing on 28/5/04. However on that day she did not make it since, herself and her advocate were not in court at the time for reasons explained in the affidavit.

I have perused the application and affidavits filed for and against. The reasons given for non-attendance are acceptable. The execution of exparte taxation here is stayed pending hearing of the review. It is to be noted that Civil Procedure Rules Order 21 required that a judgment debtor be served to show cause why attachment of salary should be ordered. The applicant indicates that she was not served. Orders are, therefore, granted in terms of prayers (2) and (3) of the application with costs.

Dated this 30th day of July, 2004.

J. KHAMINWA JUDGE 30. 7.08

30. 7.04 J. Khaminwa - Judge Chege – Court clerk Mr. Mabeya holding brief for Gichana Non appearance – Ruling read in his presence.

J. KHAMINWA JUDGE