[2012] KEHC 168 (KLR)

Parties

Procedural Posture

Civil Case / Ruling on Application for Stay of Execution and Payment by Instalments

Legal Issues

1. 1 Whether the judgment debtor has shown sufficient cause to warrant payment of the decretal sum by instalments.
2. 2 Whether the court should grant a stay of execution pending payment by instalments.
3. 3 What terms, if any, should be imposed for payment of the decretal sum.

Ratio Decidendi

The court found that the defendant failed to demonstrate sufficient cause for payment by the proposed instalments, as previously agreed instalments were not honoured and no payment had been made since April 2012. The defendant's financial incapacity was not adequately proven, as one bank statement was not in the defendant's name and the other covered only a brief period. The court, balancing the rights of both parties, exercised its discretion to allow payment of the decretal amount in four equal consecutive instalments over twelve months, with the first instalment due by 20th January 2013 and subsequent instalments every third month. In default of any instalment, execution would issue....

Court Disposition

Application partially allowed; payment by instalments granted on strict terms; costs to plaintiff.

Orders

• The decretal amount of Kshs. 8,665,944 to be paid in four equal consecutive instalments within twelve months.
• The first instalment to be paid on or before 20th January, 2013; subsequent instalments on the 20th day of every third month thereafter (April, July, October).