[2004] KEHC 2113 (KLR)
The court accepted the applicant's explanation for the delay in depositing the decretal amount and exercised its discretion to enlarge the time for compliance. The respondent was justified in extracting the decree and applying for execution due to the applicant's initial non-compliance. However, in the interests of...
Source-derived case information.
- Citation
- [2004] KEHC 2113 (KLR)
- Parties
- Plaintiff: Milkah Kerubo Onkoba; Defendant: Kenya Shell Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 369 of 1997
- Procedural Posture
- Civil Case / Ruling on Application to Enlarge Time for Deposit of Decretal Amount
- Outcome
- application allowed; time to deposit decretal amount enlarged; applicant to pay costs of execution and application
- Judges
- K Bauni
- Legal Topics
- Enlargement of Time, Execution of Decree, Deposit of Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Milkah Kerubo Onkoba
Plaintiff
Kenya Shell Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Enlarge Time for Deposit of Decretal Amount
Legal Issues
- 1 Whether the applicant should be granted an extension of time to deposit the decretal amount as previously ordered.
- 2 Whether the respondent was entitled to extract the decree and apply for execution after non-compliance by the applicant.
- 3 Who should bear the costs of execution and the present application.
Ratio Decidendi
The court accepted the applicant's explanation for the delay in depositing the decretal amount and exercised its discretion to enlarge the time for compliance. The respondent was justified in extracting the decree and applying for execution due to the applicant's initial non-compliance. However, in the interests of justice and considering the explanation provided, the court allowed the application to enlarge time, subject to the applicant depositing the decretal sum within 15 days and paying the costs of execution and the application.
Court Disposition
application allowed; time to deposit decretal amount enlarged; applicant to pay costs of execution and application
Orders
- Time to deposit the decretal amount in a joint interest earning account is enlarged; deposit to be made within 15 days from the date of the ruling.
- The applicant shall pay the costs of execution and the costs of this application.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICIVIL CASE NO.369 OF 1997MILKAH KERUBO ONKOBA ………………………………………….… PLAINTIFFVERSUSKENYA SHELL LIMITED ……………………………………………… DEFENDANTRULING: I have carefully considered the application dated 27th May 2004 and the submissions by both counsels. The counsel for the respondent was right to extract the decree and apply for execution after the applicant did not comply with the order to deposit the decretal amount in a joint interest earning account within the stipulated time.
However counsel for the applicant has tried to explain the delay. I accept the explanation. I therefore allow the application as prayed. I enlarge time to deposit the money, which should be done within 15 days from today’s date.
The applicant will also pay costs of execution, which had been applied for by the respondent, and costs of this application.
KABURU BAUNIJUDGE26/7/04
Delivered on 26th July 2004. Mr. Lugao for the applicant.
KABURU BAUNIJUDGE