[2008] KEHC 690 (KLR)
The court found that the plaintiffs/applicants failed to demonstrate sufficient cause to warrant an order for stay of execution or leave to pay the taxed costs by instalments. The applicants' general statements regarding lack of means were not substantiated, especially in light of the respondents' affidavit...
Source-derived case information.
- Citation
- [2008] KEHC 690 (KLR)
- Parties
- Plaintiff: Andrew Muguna & 16 Others; Defendant: Meru Central County Council & 2 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 85 of 2004
- Procedural Posture
- Civil Case / Ruling on Application for Stay of Execution and Leave to Pay by Instalments
- Outcome
- application dismissed with costs to the respondents
- Judges
- SP Ouko
- Legal Topics
- Stay of Execution, Payment by Instalments, Taxed Costs, Judgment Debtor Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Muguna & 16 Others
Plaintiff
Meru Central County Council & 2 Others
Defendant
Procedural Posture
Civil Case / Ruling on Application for Stay of Execution and Leave to Pay by Instalments
Legal Issues
- 1 Whether the plaintiffs/applicants have shown sufficient cause to warrant an order for stay of execution and leave to pay the taxed costs by monthly instalments.
- 2 Whether the application for stay of execution and payment by instalments is merited under Order 20 Rule 11(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiffs/applicants failed to demonstrate sufficient cause to warrant an order for stay of execution or leave to pay the taxed costs by instalments. The applicants' general statements regarding lack of means were not substantiated, especially in light of the respondents' affidavit detailing the applicants' sources of income, which was not specifically rebutted. The court emphasized the need for serious litigation to utilize judicial time and noted the applicants' pattern of repeated applications. Consequently, the application was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The application for stay of execution and leave to pay by monthly instalments is dismissed.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Civil Case 85 of 2004
ANDREW MUGUNA & 16 OTHERS ……………....…………… PLAINTIFF
VERSUS
MERU CENTRAL COUNTY COUNCIL & 2 OTHERS …… DEFENDANT
RULING
This suit brought by fifteen (15) plaintiffs against the defendants was struck out with costs to the latter. Costs were subsequently taxed at Kshs. 75,390/=. Being apprehensive that the defendants/respondents may execute at any time, the plaintiffs/applicants have filed chamber summons dated 11th June 2008 for orders of stay of execution and leave to pay by a monthly instalment of Kshs. 1,500/= by each plaintiff/applicant.
The plaintiffs/applicants contend that they are ready to pay the taxed costs but need time as they do not have steady income. That they are retired civil servants and further that they are apprehensive that the defendants/respondents may target specific plaintiff/applicant for execution in revenge.
In opposing the application it is deposed for the defendants/respondents that the application is incompetent and frivolous. They further confirm that they have not demanded payment of the taxed costs.
Finally, it is contended that the plaintiffs/applicants are people of means capable of sharing between them the taxed costs at the rate of Kshs. 5,026/= each. The court has an inherent jurisdiction under order 20 rule 11(2) of the Civil Procedure Rules on application by the judgment-debtor for sufficient cause shown to order the postponement or payment of the amount decreed by installment.
There must be sufficient cause shown by the judgment-debtor before the court can order the postponement of payment or payment by instalment. The reasons offered by the applicants in this application are that they have no means to pay the decretal sum as they are mostly retirees.
In response to this the respondents have sworn an affidavit in which they have listed the source of income of each applicant. Although the applicants filed a supplementary affidavit they did not contradict those averments apart from a general statement that they do not have the means.
It would appear from the manner in which the applicants have brought one application after another that they are not about to relent in engaging the court and the respondents. Judicial time is extremely scarce and must only be taken up by serous litigation. I intent to say no more.
In the result, I find no merit in this application which I hereby dismiss with costs to the respondents.
Dated and delivered at Meru this 20th day of January 2009.
W. OUKO
JUDGE