JUDGMENT OF THE COURT
1.This is an appeal arising from a ruling delivered by the High Court (L. Kimaru, J.) issuing a garnishee order absolute against the appellant to satisfy the decretal sum payable by the 2nd respondent to the 1st respondent.
2.The brief facts of the case are that, the 1st respondents were the plaintiff while the 2nd respondent was the defendant, in Nakuru HCCC No. 560 of 1998, whereby judgment was entered in favour of the 1st respondents in the sum of Ksh. 43,000,000/=. In order to realize the fruits of the judgment, the 1st respondents moved the High Court under Order XXII Rule 1 and 1(a) of the former Civil Procedure Rules, seeking to attach the amounts held by the judgment debtor at the Co-operative bank of Kenya and Barclays Bank of Kenya, Nakuru East Branch (A/C No. 2009627), the appellant herein by way of garnishee order. The High Court issued a garnishee order nisi (subsequently made absolute) against the appellant and Co-operative bank. The order nisi prohib…