REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATES COURT AT NAIROBI

MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. 691 OF 2019

ANGELA WANJA ...................................................................................DECREE HOLDER

-VERSUS-

REG TECH................................................................................1ST JUDGEMENT DEBTOR

SALES LIMITED....................................................................2ND JUDGEMENT DEBTOR

AND

COOPERATIVE BANK LIMITED.................................................................GARNISHEE

CERTIFICATE OF URGENCY

I CLAUDIA WADE an advocate of the High Court of Kenya practicing as such

under the firm of Okoth & Kiplagat Advocates who have the conduct of this suit
on behalf of the Appellant do certify that this application filed herewith is
extremely urgent and should be heard immediately as:

(a) The Decree holder obtained judgement against the Judgement Debtors
and was issued with the Decree and Certificate of Costs dated 30th July
2020 which they have displayed reluctance to settle.

(b) The 1st Judgement Debtors has a bank account with the Garnishee being
account number 01136999999 AVSKBS Branch while the 2nd
Judgement Debtor also has a bank account with the Garnishee, holding
account number 011399919199700 HAHAYS BRANCH;

(c) The Decree Holder knows that there are funds in the aforementioned
accounts that will partially or wholly satisfy the Decree and the Certificate
of Costs;

And unless an order for the attachment of the Judgement Debtors’ bank accounts
is promptly issued, the Judgement Debtor may withdraw the funds or close the
bank account any time thus rendering this application irrelevant.

DATED at NAIROBI this ......................................Day of......................................................2021

CLAUDIA WADE
ADVOCATES FOR THE DECREE HOLDER
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. 691 OF 2019

ANGELA WANJA ...................................................................................DECREE HOLDER

-VERSUS-

REG TECH................................................................................1ST JUDGEMENT DEBTOR

SALES LIMITED....................................................................2ND JUDGEMENT DEBTOR

AND

COOPERATIVE BANK LIMITED.................................................................GARNISHEE

EX PARTE CHAMBER SUMMONS

(Under order 23 Rule 1, 2, 8 & 9 of the Civil Procedure Rules, 2010 Sections 1A,
1B, and 3A Of the Civil Procedure Act)

LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on

the................................ day of ..............................2021 at 9 O’clock in the forenoon or so
soon thereafter as Counsel for the Decree Holder may be heard on application
for ORDERS:

1) THAT this Honourable Court be pleased to certify this application urgent

and the same be heard “ex-parte in the first instance.

2) THAT this Honourable Court be pleased to issue a garnishee order nisi for
the attachment of the 1st Judgement Debtor’s bank account being No.
01136187915200, AVSKSBS Branch and the 2nd Judgement Debtor’s bank
account no. 0113646419700 HAHAYS Branch both held with the
Garnishee to wholly or partially satisfy both the Decree and the Certificate
of Costs dated 30 June 2020.

3) THAT the Garnishee be ordered to appear before this Honourable court

to show cause why it should not pay to the Decree Holder the funds
sufficient to satisfy the aforesaid Decree and the Certificate of Costs dated
30th June 2020.

4) THAT the costs of this application be paid out of the aforesaid accounts
held by the Garnishee.

WHICH APPLICATION is supported by the affidavit of CLAUDIA WADE and on

the following GROUNDS:-
 (a) The Decree holder obtained judgement against the Judgement Debtors.

(b) The Decree and Certificate of costs were issued on 30th June 2020.

(c) The said Decree and Certificate of Costs remain unsatisfied to date.

(d) The 1st and 2nd Judgement Debtors hold bank accounts number
01136187915200, AVSKSBS Branch and 0113646419700 HAHAYS
Branch respectively with the garnishee and have enough funds to wholly
or partially satisfy the decree and the certificate of costs.

DATED at NAIROBI this..................Day of..................................................2021

DRAWN AND FILED BY:

Claudia Wade & CO

Advocates
Internataional House, 5th Floor
Wabera Street
P.O. Box 456-00900
NAIROBI

TO BE SERVED UPON

1. Kono & Co
Advocates
Medicare Plaza, 4th Floor
Argwings Kodhek Road
P.O. Box 105946-00100
NAIROBI

2. Cooperative Bank
Limited
Co-operative House
Haile Selassie Avenue
P.O. Box 48231-00100
NAIROBI
(If any party served does not appear at the time and place above mentioned such
order will be made and proceedings taken out as the court may deem just and
expedien
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. 691 OF 2019

ANGELA WANJA ...................................................................................DECREE HOLDER

-VERSUS-

REG TECH................................................................................1ST JUDGEMENT DEBTOR

SALES LIMITED....................................................................2ND JUDGEMENT DEBTOR

AND

COOPERATIVE BANK LIMITED.................................................................GARNISHEE

SUPPORTING AFFIDAVIT

I Claudia Wade, a resident of Karen Nairobi and of P.O Box 456 Nairobi in the
Republic of Kenya do make oath and state as follows:-

1. THAT I am an Advocate of the High Court of Kenya practicing as such in

the firm of Claudia Wade & Co Advocates who are on record for the
Decree Holder/Applicanyand I am conversant with and have adequate
information of all the facts and matter relating to this suit, and I am
competent and duly authorized to swear this affidavit.

2. THAT the Decree Holder obtained judgement against the Judgement

Debtor and Decree and Certificate of Costs were issued on 30th July 2020.

(Annexed herewith and marked “JA01” is a true copy of the Decree and
Certificate of Costs)

3. THAT the Decree remains unsatisfied to the extent of the whole amount
therein together with Interest accruing from the date of filing the suit at
the courts rates, and the Judgement Debtor has shown reluctance to settle
the same.

5) THAT the 1st Judgement Debtor holds bank account No.

01136187915200, AVSKSBS Branch and the 2nd Judgement debtor bank
account no. 0113646419700 HAHAYS Branch both with the Garnishee
which bank is within the jurisdiction of this Honourable court.

4. THAT I have been informed by Decree Holder which information I verily

believe to be true, that the Judgement debtor has money in the
aforementioned bank account sufficient to wholly or partially satisfy the
decretal sum herein.
 5. THAT no appeal has been preferred against the judgement of this court.

6. THAT, the Judgement debtor has no valid reason as to why it should not
satisfy the Decree of the Court.

7. THAT I swear this affidavit in support of the application filed herewith

and pray that the same be granted as prayed.

8. THAT what is stated hereinabove is true to the best of my knowledge and

belief, save for what is based on information, sources whereof have been
disclosed.

SWORN by the said Claudia Wade )

at NAIROBI this Day of 2021 )
Before Me: ) __________
) Deponent
)
)
)
Commissioner for Oaths )

Drawn& Filed By:-

Claudia Wade & CO
Advocates
Internataional House, 5th Floor
Wabera Street
P.O. Box 456-00900
NAIROBI

TO BE SERVED UPON

3. Kono & Co
Advocates
Medicare Plaza, 4th Floor
Argwings Kodhek Road
P.O. Box 105946-00100
NAIROBI

4. Cooperative Bank of Kenya

Limited
Co-operative House
Haile Selassie Avenue
P.O. Box 48231-00100
NAIROBI