[2021] KEHC 3166 (KLR)
The court found that the respondent was properly served with the notice to show cause dated 16th July 2021, seeking payment of Kshs. 24,273/=. The respondent failed to provide a plausible explanation for non-payment of the decretal sum. The court held that, in the absence of a sufficient explanation, the applicant...
Source-derived case information.
- Citation
- [2021] KEHC 3166 (KLR)
- Parties
- Applicant: Fiona A. Badia T/A Badia & Advocates; Respondent: Agustino Onanda; Respondent: Valley Auctioneers; Defendant: Viginia N. Ngari
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 2 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause and Execution Proceedings
- Outcome
- Warrant of arrest issued against the respondent for committal to civil jail unless the decretal sum is paid.
- Judges
- JK Sergon
- Legal Topics
- Execution of Decree, Notice to Show Cause, Committal to Civil Jail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fiona A. Badia T/A Badia & Advocates
Applicant
Agustino Onanda
Respondent
Valley Auctioneers
Respondent
Viginia N. Ngari
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Notice to Show Cause and Execution Proceedings
Legal Issues
- 1 Whether the respondent was properly served with the notice to show cause.
- 2 Whether the respondent has provided a sufficient explanation for failure to pay the decretal sum.
- 3 Whether a warrant of arrest should issue for committal to civil jail.
Ratio Decidendi
The court found that the respondent was properly served with the notice to show cause dated 16th July 2021, seeking payment of Kshs. 24,273/=. The respondent failed to provide a plausible explanation for non-payment of the decretal sum. The court held that, in the absence of a sufficient explanation, the applicant was entitled to seek execution by way of committal to civil jail. Consequently, the court issued a warrant of arrest against the respondent to be apprehended and presented before the Deputy Registrar for committal unless the decretal sum is settled.
Court Disposition
Warrant of arrest issued against the respondent for committal to civil jail unless the decretal sum is paid.
Orders
- A warrant of arrest shall issue against the respondent to be apprehended and presented before the Deputy Registrar for committal to civil jail unless the decretal sum due to the applicant is settled.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL MISC. APPL. NO. 2 OF 2017
FIONA A. BADIA T/A BADIA & ADVOCATES....APPLICANT/ADVOCATE/ 2ND RESPONDENT
-VERSUS-
AGUSTINO ONANDA................................................................................................1ST RESPONDENT
VALLEY AUCTIONEERS................................................1ST INTERESTED PARTY/RESPONDENT
VIGINIA N. NGARI................................................................2ND INTERESTED PARTY/OBJECTOR
RULING
1) Fiona Badia P/A F. A. Badia & Co. Advocates, the applicant herein, issued a notice to show cause against Agustino Onanda, the respondent herein seeking to have an explanation as why he should not be arrested and committed to civil jail in execution of the decree.
2) The respondent claimed he was not served by the applicant save that he was notified by the judiciary. He pointed out that he had agreed with applicant that her fees would be kshs.40,000/= but the applicant is now demanding more than ksh.200,000/=.
3) The record shows that the relevant notice to show cause is the one dated 16th July 2021 in which the applicant seeks to be paid ksh.24,273/= by the respondent. It is clear that the notice was served upon the respondent. The respondent, in my view, has not given a plausible explanation why he should not settle the decretal sum due to the applicant.
4) Consequently, I grant an order issuing a warrant of arrest against the respondent to be apprehended and presented before the Deputy Registrar of this court for committal to civil jail unless he settles the decretal sum due to the applicant.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 8TH DAY OF OCTOBER, 2021.
.........................
J. K. SERGON
JUDGE
In the presence of:
........................................... for the Applicant
........................................ for the Respondent