[2023] KEHC 20750 (KLR)
The court found that the central issue was the computation of the amount due under the decree. There was a dispute as to whether the claim had been paid in full or whether the figures used by the Deputy Registrar in approving the warrant were correct. To resolve this, the court directed that the Deputy Registrar,...
Source-derived case information.
- Citation
- [2023] KEHC 20750 (KLR)
- Parties
- Applicant: David Ndumia Gathongo (Suing as the Legal Representative of the Estate of Irene Nyambura Kiarii); Respondent: Peter Kamau Maina; Respondent: Edward Kariuki Gikonyo
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E095 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay and Recall of Warrant
- Outcome
- Application for stay and recall of warrant deferred pending computation of amount due by Deputy Registrar.
- Judges
- CM Kariuki
- Legal Topics
- Stay of Execution, Warrant of Attachment, Computation of Amount Due
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ndumia Gathongo (Suing as the Legal Representative of the Estate of Irene Nyambura Kiarii)
Applicant
Peter Kamau Maina
Respondent
Edward Kariuki Gikonyo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay and Recall of Warrant
Legal Issues
- 1 Whether the warrant of attachment should be stayed and recalled on the basis that the claim has been paid in full.
- 2 Whether the computation of the amount due was correctly done by the Deputy Registrar.
Ratio Decidendi
The court found that the central issue was the computation of the amount due under the decree. There was a dispute as to whether the claim had been paid in full or whether the figures used by the Deputy Registrar in approving the warrant were correct. To resolve this, the court directed that the Deputy Registrar, together with representatives of the parties, should compute the payable amount, including costs, interest, and any payments made so far, to determine the correct balance, if any. The matter would then be mentioned before the judge unless the parties were satisfied with the outcome of the computation. The court did not make a final determination on the stay or recall of the...
Court Disposition
Application for stay and recall of warrant deferred pending computation of amount due by Deputy Registrar.
Orders
- The Deputy Registrar to compute the payable amount, costs, interest, amount paid so far, and balance, if any, together with representatives of the parties.
- Matter to be mentioned before the judge unless the parties are satisfied with the computation exercise.
Full Case Text
Judgment text and source record
24 paragraphs
Gathongo (Suing as the Legal Representative of the Estate of Irene Nyambura Kiarii) v Maina & another (Civil Appeal E095 of 2017) [2023] KEHC 20750 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20750 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Civil Appeal E095 of 2017
CM Kariuki, J
July 27, 2023
Between
David Ndumia Gathongo (Suing as the Legal Representative of the Estate of Irene Nyambura Kiarii)
Applicant
and
Peter Kamau Maina
1st Respondent
Edward Kariuki Gikonyo
2nd Respondent
Ruling
1. By application dated 12/9/2022, the applicant seeks a stay of the warrant and recalling the same dated 7/9/2022 because the claim has been paid in full.
2. The application is supported by the grounds on the face of the motion and Affidavit of Shelmith Ngure Affidavit sworn on 12/9/2022.
3. The Respondent opposes the same through the affidavit sworn by Waichugo Martin on 17/10/2022.
4. After perusing the Application and the Affidavits thereof by both sides, I find the epicentre of the contest is focused on the computation element of the amount due.
5. Either the Deputy Registrar was wrong in approving the warrant on figures, or the Applicants are misleading the court.
6. I find it apt for the Deputy Registrar to compute the payable amount, costs, interest amount paid so far, and balance, if any together with representatives of the parties.
7. Then, the matter can be referred to me for mention unless the parties are satisfied with the exercise.
DATED, SIGNED, AND DELIVERED AT NYAHURURUTHIS 27THDAY OF JULY 2023. ........................CHARLES KARIUKIJUDGE