[2007] KEHC 787 (KLR)
The court found that the decree must strictly conform to the judgment as required by Order XX Rule 6(1) of the Civil Procedure Rules. Upon review, the version of the decree drawn by the Plaintiffs' counsel was found to be deficient as it omitted reference to HCCC No. 3844 of 1991, calculated interest up to the date...
Source-derived case information.
- Citation
- [2007] KEHC 787 (KLR)
- Parties
- Plaintiff: Michael Joshua Njuguna; Plaintiff: Bernard Njuguna t/a Miproma Services Limited; Defendant: Consolidated Bank of Kenya Limited; Defendant: Home Savings and Mortgages Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 3841 of 1991
- Procedural Posture
- Civil Case / Ruling on Settlement of Decree
- Outcome
- Plaintiffs' version of the decree cancelled; Defendants' version to be signed and sealed; no order as to costs.
- Legal Topics
- Settlement of Decree, Interest Awards, Costs Award, Decree Vs Judgment, Civil Rules Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Joshua Njuguna
Plaintiff
Bernard Njuguna t/a Miproma Services Limited
Plaintiff
Consolidated Bank of Kenya Limited
Defendant
Home Savings and Mortgages Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Settlement of Decree
Legal Issues
- 1 Whether the decree as drawn by the Plaintiffs' counsel accords with the judgment delivered by the court.
- 2 Whether the Deputy Registrar erred in signing and sealing the Plaintiffs' version of the decree.
- 3 Which version of the decree should be adopted and sealed by the court.
Ratio Decidendi
The court found that the decree must strictly conform to the judgment as required by Order XX Rule 6(1) of the Civil Procedure Rules. Upon review, the version of the decree drawn by the Plaintiffs' counsel was found to be deficient as it omitted reference to HCCC No. 3844 of 1991, calculated interest up to the date of judgment, and was drawn as if interest would be charged on interest, which was contrary to the judgment. The version drawn by the Defendants' counsel did not suffer from these defects and was in accordance with the judgment. Therefore, the court held that the Deputy Registrar should not have signed and sealed the Plaintiffs' version of the decree, and directed that the...
Court Disposition
Plaintiffs' version of the decree cancelled; Defendants' version to be signed and sealed; no order as to costs.
Orders
- The version of the decree drawn by counsel for the Plaintiffs is hereby cancelled.
- The Deputy Registrar is directed to sign and seal the version of the decree drawn by counsel for the Defendants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF AT NAIROBI (MILIMANI LAW COURTS)
Civil Case 3841 of 1991
MICHAEL JOSHUA NJUGUNA
BERNARD NJUGUNA T/AMIPROMA SERVICES LIMITED……. PLAINTIFFS
VERSUS
CONSOLIDATED BANK OF KENYA LIMITED .................….1ST DEFENDANT
HOME SAVINGS AND MORTGAGES LTD……................….2ND DEFENDANT
RULING
This matter is for settlement of decree. Judgment was on 10th May, 2007 entered for the Plaintiffs against the Defendants in terms of prayers (a) and (b) of the prayers in each of the plaints in HCCC Nos. 3838, 3839, 3840, 3841, 3842 and 3843 of 1991. In prayer (a), the Plaintiffs sought the principal sums and in prayer (b) they sought interest on the principal sums at the rate of 13% per annum from 14th December, 1989 until payment in full. The Plaintiffs were also awarded costs as against the Defendants.
The Plaintiff in 3844 of 1991 did not attend at the hearing. So his case remained unproven and I said as much in my judgment.
Under Rule 6(1) of Order XX of the Civil Procedure Rules a decree must agree with the judgment. I have perused the versions of the decree drawn by both counsels. Save for minor disagreements, the versions agree with my judgment. The version drawn by counsel for the Plaintiffs does not mention HCCC No. 3844 of 1991 in the order given and has interest calculated upto the date of judgment and is drawn as if interest will be charged on interest contrary to the judgment given.
The version drawn by counsel for the Defendants does not suffer from these defects.
The Deputy Registrar should therefore not have signed and sealed the version drawn by counsel for the Plaintiffs in view of the deficiencies stated above. The same is hereby councelled. In its place the Deputy Registrar is directed to sign and seal the version drawn by counsel for the Defendants.
There will be no order as to costs.
It is so ordered.
DATED and DELIVERED at NAIROBI this 18TH day of July, 2007.
Read in the presence of Ms. Githui for the Plaintiffs and Ms. Kirimi for the Defendants.
F. AZANGALALA
JUDGE
18. 7.2007