[2021] KECPT 606 (KLR)
The Tribunal found that the Decree Holder's tabulation of the outstanding decretal amount, including principal, interest at 12% per annum, and costs, accurately reflected the sums due after accounting for payments made by the Judgment Debtor. The Tribunal was satisfied that the Judgment Debtor had failed to pay the...
Source-derived case information.
- Citation
- [2021] KECPT 606 (KLR)
- Parties
- Applicant: Linda Beatrice Akinyi; Respondent: Debora Caroline Achieng
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 73 of 2014
- Procedural Posture
- Notice to Show Cause / Post Judgment Enforcement
- Outcome
- warrant of arrest issued against judgment debtor; decree holder entitled to outstanding decretal amount, interest, and costs
- Legal Topics
- Debt Enforcement, Interest Calculation, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linda Beatrice Akinyi
Applicant
Debora Caroline Achieng
Respondent
Procedural Posture
Notice to Show Cause / Post Judgment Enforcement
Legal Issues
- 1 Whether the Decree Holder is entitled to the outstanding decretal amount as tabulated, including interest and costs.
- 2 Whether a warrant of arrest should issue against the Judgment Debtor for failure to pay the decretal amount.
Ratio Decidendi
The Tribunal found that the Decree Holder's tabulation of the outstanding decretal amount, including principal, interest at 12% per annum, and costs, accurately reflected the sums due after accounting for payments made by the Judgment Debtor. The Tribunal was satisfied that the Judgment Debtor had failed to pay the outstanding balance of Kshs.203,730/= and had not shown cause why she should not be committed to civil jail. Consequently, the Tribunal issued a warrant of arrest against the Judgment Debtor as prayed in the Notice to Show Cause, thereby enforcing the Decree Holder's right to recover the decretal sum through execution proceedings.
Court Disposition
warrant of arrest issued against judgment debtor; decree holder entitled to outstanding decretal amount, interest, and costs
Orders
- A warrant of arrest is issued against the Judgment Debtor for non-payment of Kshs.203,730/=.
- The Decree Holder is entitled to recover the outstanding decretal amount, interest, and costs as tabulated.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO.73 OF 2014
LINDA BEATRICE AKINYI.........................................................................CLAIMANT
VERSUS
DEBORA CAROLINE ACHIENG......................................................... RESPONDENT
RULING
On 15. 10. 2020, we delivered a Ruling on the Decree Holder’s Notice to Show Cause dated 23. 11. 2019 and reserved final orders to another date. This was occasioned by the need to ascertain the exact amounts received by the Decree Holder before and after Judgment. this decision was occasioned by the submissions of the Judgment Debtor that the Decree Holder drew a Decree and calculated interest on the basis of the principal amount pleaded in the claim and awarded by the Tribunal yet way before judgment that is 3. 3.2016, she had paid a sum of Kshs.100,000/= thus scaling down the decretal amount to Kshs.230,000/=.
Whilst reserving a date for issuance of the final orders, we gave the following directions;
a. That the Decree Holder to provide in terms of dates when she received the sum of Kshs.200,000/=;
b. That once we ascertain ourselves on the sums due, we will then pronounce ourselves, on final orders.
On 19. 11. 2020, the Decree Holder filed additional submissions giving a detailed account of how she received the said sum, how interest and cost is calculated and the current outstanding decretal amount.
She began by stating that the claim was instituted on 19. 2.2014 and judgment delivered for Kshs.230,422/= on 3. 11. 2016.
That seven months into institution of the suit, the judgment Debtor paid a sum of Kshs.100,000/=. This was on 3. 3.2016. That by paying the said sum on 3. 3.2016 Decree Holder was entitled to interest at the rate of 12% per annum as at 3. 3.2016. She has tabulated the said interest as follows:
NO. DURATION PERIOD AMOUNT RATE AMOUNT
1. 9. 2.2014-8. 2.2015 1YEAR 230,000 12 27,600
2. 9. 2.2015-8. 2.2016 1YEAR 230,000 12 27,600
3. 9. 2.2016-3. 3.2016 25days 230,000 12 158
TOTAL Kshs.55,358/=
That on 4. 12. 2019, the Judgment Debtor made another payment of Kshs.100,000/= thus reducing the decretal amount to Kshs.30,000/=. That this meant that the Decree Holder was entitled to interest on Kshs.130,000/= as tabulated below:
NO. DURATION PERIOD AMOUNT RATE AMOUNT
1. 3. 3.2016-2. 3.2017 1YEAR 130,000 12 15,600
2. 3. 3.2017-2. 3.2018 1YEAR 130,000 12 15,600
3. 3. 3.2018-2. 3.2019 1YEAR 130,000 12 15,600
4. 3. 3.2019-2. 12. 2019 9months 130,000 12 11,700
5. 3. 3.2019-4. 122019 1 day 13,000 124
TOTAL Kshs.58,504/=
That as at 4. 12. 19, the outstanding decretal amount was Kshs.30,000/=. That interest is tabulated on this figure as follows:
NO. DURATION PERIOD AMOUNT RATE AMOUNT
1. 4. 12. 2019-3. 11. 2020 11months 30,000 12 3,300
2. 4. 11. 2020-26. 11. 2020 22 days 3,000 1218
TOTAL Kshs.3,318/=
That in the end, the total outstanding decretal amount is tabulated below:
1. Interest on the principal sum of Kshs.230,000/= at 12% from 9. 2.2014-3. 3.2016- Kshs.55,358/=
2. Interest on Kshs.130,000/= at 12% from 3. 3.2016-4. 12. 2019- Kshs.58,504/=
3. Interest on Kshs.30,000/= at 12% from 4. 12. 2019-26. 11. 2020- Kshs.3,318/=.
4. Outstanding principal amount Kshs.30,000/=
5. Costs as specified in the decree and the Notice to show cause plus Kshs.5000/= for extra services on the Notice to show cause- Kshs.15,000/=
6. Further disbursements Kshs.150/=
Total Kshs.203,730/=
We have appreciated the foregoing submissions. We are satisfied that the tabulation of outstanding decretal amount, costs and interest reflects the true state of affairs as at the moment. We thus agree with her that the outstanding decretal amount is Kshs.203,730/=.
Coming back to the Notice to show cause, and noting that the Decree Holder wants to recover the said outstanding balance by way of arrest and committal of the Judgment Debtor to prison. We are satisfied that the Judgment Debtor ought to show cause why she should not be committed to civil jail for not paying the said balance of the decretal amount, that is, Kshs.203,730/=.
We accordingly issue a warrant of arrest as prayed in the Notice to show cause. Orders accordingly.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF MARCH, 2021.
Hon. B. Kimemia Chairperson Signed 25. 3.2021
Hon. J. Mwatsama Deputy Chairperson Signed 25. 3.2021
Akusala Member Signed 25. 3.2021
Mrs. Ngala for Claimant/Judgment Creditor
No appearance for Judgment Debtor
Hon. B. Kimemia Chairperson Signed 25. 3.2021