[2004] KEHC 2352 (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 agreement between the parties to pay KES 300,000 per month. The applicant had not made any payments since judgment was entered, and there was no...
Source-derived case information.
- Citation
- [2004] KEHC 2352 (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; prior consent on payment terms enforced
- Legal Topics
- Execution of Judgments, Payment by Installments
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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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 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 Whether the court should enforce the consent agreement entered by the parties regarding the mode of payment of the decretal sum.
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 agreement between the parties to pay KES 300,000 per month. The applicant had not made any payments since judgment was entered, and there was no sufficient justification to depart from the consent. The court therefore rejected the application and ordered that the decretal amount be settled as previously agreed, by monthly installments of KES 300,000, failing which execution would issue.
Court Disposition
application dismissed; prior consent on payment terms enforced
Orders
- The applicant's prayer to pay the decretal amount by installments of KES 100,000 per month 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 as earlier agreed.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CIVIL SUIT NO.394 OF 1994 ERNEST IMBOBA …………………………………..………. JUDGMENT CREDITOR/RESPONDENT VERSUS LAKE BASIN DEVELOPMENT AUTHORITY ………………… JUDGMENT DEBTOR/APPLICANT
RULING:
I have carefully considered the application and the reply thereto. The applicant seeks to be allowed to settle the decretal amount in monthly installments of shs.100,000/=. As submitted by counsel for the respondent the parties entered into a consent agreement way back on 15th October 2003 whereby the applicant/defendant was to settle the decretal amount by monthly installments of shs.300,000/=. Judgment in this case was entered way back on 30th April 2002 over 2 years ago. Applicant has not paid any part of the decretal sum.
I feel his prayer to pay the decretal amount by installment of shs.100,000/= per month is unreasonable and as such their prayer is rejected. I instead order and direct that they settle the decretal amount as earlier agreed with monthly installments of shs.300,000/= per month with effect of 30th June 2004. In default execution to issue.
It is so ordered.
KABURU BAUNI JUDGE 15/6/04 Mr. Maisiba for Mr. Mudeyi Mr. Ondika for Mr. Soire for Mr. Owino KABURU BAUNI JUDGE