[2004] KEHC 2120 (KLR)

[2004] KEHC 2120 (KLR)

The court found that the applicant's request to pay the decretal amount by monthly installments of KES 100,000 was unreasonable, especially in light of the prior consent order requiring payment by installments of KES 300,000 per month. The applicant had not paid any part of the decretal sum since judgment was entered over two years prior, and had not demonstrated sufficient cause to warrant a variation of the consent order. The court therefore rejected the applicant's prayer and ordered that the decretal amount be settled as previously agreed, by monthly installments of KES 300,000, with execution to issue in default.

Citation
[2004] KEHC 2120 (KLR)
Parties
Respondent: Ernest Imboba; Applicant: Lake Basin Development Authority
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
15 June 2004
Case Number
? 394 of 1994
Procedural Posture
Civil Suit / Ruling on Application for Payment of Decretal Sum by Installments
Outcome
Application dismissed. Applicant to pay decretal amount by monthly installments of KES 300,000 as previously agreed.
Legal Topics
Execution of Judgments, Payment by Installments, Consent Orders
Source Language
English
Civil Procedure Execution of Judgments Payment by Installments Consent Orders

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Parties

Ernest Imboba

Respondent

Lake Basin Development Authority

Applicant

Procedural Posture

Civil Suit / Ruling on Application for Payment of Decretal Sum by Installments

Legal Issues

  1. 1 Whether the applicant should be allowed to settle the decretal amount by monthly installments of KES 100,000 instead of the previously agreed KES 300,000.
  2. 2 Whether the applicant's request to vary the consent order is reasonable.

Ratio Decidendi

The court found that the applicant's request to pay the decretal amount by monthly installments of KES 100,000 was unreasonable, especially in light of the prior consent order requiring payment by installments of KES 300,000 per month. The applicant had not paid any part of the decretal sum since judgment was entered over two years prior, and had not demonstrated sufficient cause to warrant a variation of the consent order. The court therefore rejected the applicant's prayer and ordered that the decretal amount be settled as previously agreed, by monthly installments of KES 300,000, with execution to issue in default.

Court Disposition

Application dismissed. Applicant to pay decretal amount by monthly installments of KES 300,000 as previously agreed.

Orders

  • The applicant's prayer to pay the decretal amount by monthly installments of KES 100,000 is rejected.
  • The applicant is ordered to settle the decretal amount by monthly installments of KES 300,000 per month with effect from 30th June 2004.