[2020] KEHC 2091 (KLR)
The court found that the applicant had failed to comply with its earlier order permitting payment of the decretal sum by instalments and had not demonstrated any payment or good faith. The court held that the renewed application, being substantially similar to the previous one and filed without any attempt at...
Source-derived case information.
- Citation
- [2020] KEHC 2091 (KLR)
- Parties
- Applicant: Jonas Misto Vincent Kuko; Respondent: Kiarie & Co Advocates
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 74 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Settle Decretal Sum by Instalments
- Outcome
- application dismissed with costs to the respondent
- Judges
- HK Chemitei
- Legal Topics
- Instalment Payment of Debt, Abuse of Court Process, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonas Misto Vincent Kuko
Applicant
Kiarie & Co Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Settle Decretal Sum by Instalments
Legal Issues
- 1 Whether the applicant should be allowed to settle the decretal sum by revised instalments despite non-compliance with previous court orders.
- 2 Whether the application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had failed to comply with its earlier order permitting payment of the decretal sum by instalments and had not demonstrated any payment or good faith. The court held that the renewed application, being substantially similar to the previous one and filed without any attempt at compliance, was frivolous, vexatious, and an abuse of the court process. The application was therefore dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 9th March 2020 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC. CIVIL. APPLICATION NO. 74 OF 2019
JONAS MISTO VINCENT KUKO......APPLICANT
VERSES
KIARIE & CO ADVOCATES..........RESPONDENT
RULING
1. On 10th February 2020, this court vide its ruling on the Applicant’s application dated 23rd May 2019 permitted him to settle the Advocates client bill amounting to kshs. 3,145,700 by way of instalments of Kshs. 50,000 per month.
2. It appears that the Applicant did not honour the said ruling and has instead file almost a similar application dated 9th March 2020 seeking inter alia that he be allowed to settle the debt by instalments of kshs 500,000 by 30th June 2020 and thereafter kshs. 30,000 per month.
3. The above application was premised on the Respondent filing a notice to show cause against the applicant. The same is contained in his supporting affidavit sworn on the same date.
4. The respondent vide the replying affidavit of PETER KIARIE NDARWA sworn on 31st March 2020 has opposed the application stating that it was not merited for the reason that the Applicant has failed to honour the ruling of this court made earlier. The respondent went further to state that the applicant to date has totally failed to pay the decretal sum and therefore the application should be dismissed.
5. The court has perused the application and is of the considered opinion that the same is a total abuse of the court process. This is for the simple reason that the applicant has failed to comply with the earlier ruling of the court and has failed to demonstrate that he has paid any amount to the decree holder. It would have been a sign of good faith if the applicant had demonstrated a semblance of compliance with the order earlier given.
6. As at the date of this ruling the applicant has not made any payment and this court cannot countenance such blatant breach of its orders. He has not demonstrated any reason why he has failed to comply.
7. In the premises, the application dated 9th March is frivolous and totally vexatious and an abuse of the court process. The same is hereby dismissed with costs to the Respondent.
Dated, Signed and Delivered at Kitale this 26th day of October 2020.
_____________________
H. K. CHEMITEI
JUDGE
26/10/2020
In the presence of:-
Mr. Ndarwa for the Applicant
Mr Ruto for Walter for Respondent
Court Assistant – Kirong
Ruling delivered in open court.