[2024] KEHC 1861 (KLR)

[2024] KEHC 1861 (KLR)

The court found that the judgment-debtor had not provided sufficient evidence of financial incapacity or other compelling reasons to justify payment of the decretal sum by instalments at the rate proposed. The court emphasized that the judgment had remained unsatisfied for nearly a decade, causing significant prejudice to the decree-holder. While acknowledging that parties may negotiate payment terms, such agreements must be formalized and adopted by the court to have legal effect. The court determined that, in the interests of justice and efficient administration, the judgment-debtor would be allowed to pay the outstanding sum by monthly instalments, but at an enhanced rate of Kshs...

Citation
[2024] KEHC 1861 (KLR)
Parties
Defendant: Samuel Mbugua Ikumbi; Plaintiff: Veronicah Wanijru Waciuri
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
28 February 2024
Case Number
Civil Case 90 of 2009
Procedural Posture
Civil Case / Ruling on Application for Payment of Decretal Sum by Instalments at Execution Stage
Outcome
Application partially allowed with variation; judgment-debtor to pay by enhanced monthly instalments; costs to decree-holder.
Judges
SM Mohochi
Legal Topics
Execution of Judgments, Payment by Instalments, Stay of Execution, Interest on Decretal Sum
Source Language
English
Civil Procedure Execution of Judgments Payment by Instalments Stay of Execution Interest on Decretal Sum

Case Brief

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Parties

Samuel Mbugua Ikumbi

Defendant

Veronicah Wanijru Waciuri

Plaintiff

Procedural Posture

Civil Case / Ruling on Application for Payment of Decretal Sum by Instalments at Execution Stage

Legal Issues

  1. 1 Whether the judgment-debtor should be allowed to pay the remaining decretal sum by monthly instalments of Kshs 500,000/=.
  2. 2 Whether the court should restrain the decree-holder from executing the judgment while instalments are being paid.
  3. 3 Whether the judgment-debtor has demonstrated sufficient cause for payment by instalments.

Ratio Decidendi

The court found that the judgment-debtor had not provided sufficient evidence of financial incapacity or other compelling reasons to justify payment of the decretal sum by instalments at the rate proposed. The court emphasized that the judgment had remained unsatisfied for nearly a decade, causing significant prejudice to the decree-holder. While acknowledging that parties may negotiate payment terms, such agreements must be formalized and adopted by the court to have legal effect. The court determined that, in the interests of justice and efficient administration, the judgment-debtor would be allowed to pay the outstanding sum by monthly instalments, but at an enhanced rate of Kshs...

Court Disposition

Application partially allowed with variation; judgment-debtor to pay by enhanced monthly instalments; costs to decree-holder.

Orders

  • The judgment-debtor shall pay a monthly instalment of Kshs 600,000 towards the remaining decretal sum until payment in full.
  • Monthly instalments are to be paid on or before the 5th of each calendar month, with the first instalment due on or before 5th March 2024.