[2004] KEHC 2559 (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 court found that the respondent was justified in extracting the decree and seeking execution due to the applicant's initial non-compliance. However, in...
Source-derived case information.
- Citation
- [2004] KEHC 2559 (KLR)
- Parties
- Plaintiff: Milkah Kerubo Onkoba; Defendant: Kenya Shell Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 369 of 1997
- Procedural Posture
- Civil Case / Ruling on Application to Enlarge Time for Deposit of Decretal Sum
- Outcome
- Application allowed. Time to deposit decretal amount enlarged by 15 days. Applicant to pay costs of execution and application.
- Legal Topics
- Enlargement of Time, Execution of Decree, Deposit of Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milkah Kerubo Onkoba
Plaintiff
Kenya Shell Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Enlarge Time for Deposit of Decretal Sum
Legal Issues
- 1 Whether the applicant should be granted an extension of time to deposit the decretal amount as previously ordered.
- 2 Whether the applicant should bear the costs of execution and the 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 court found that the respondent was justified in extracting the decree and seeking execution due to the applicant's initial non-compliance. However, in light of the explanation provided, the court allowed the application, granted an extension of 15 days for the deposit, and ordered the applicant to pay the costs of execution and the application.
Court Disposition
Application allowed. Time to deposit decretal amount enlarged by 15 days. Applicant to pay costs of execution and application.
Orders
- Time to deposit the decretal amount in a joint interest earning account is enlarged by 15 days from the date of the ruling.
- The applicant shall pay the costs of execution.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYAIN THE HIGH COURT OF KENYA AT KISII
CIVIL CASE NO.369 OF 1997
MILKAH KERUBO ONKOBA ……………………………………….… PLAINTIFF VERSUS KENYA SHELL LIMITED …………………………………………… DEFENDANT
RULING:
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 BAUNI JUDGE
26/7/04
Delivered on 26th July 2004. Mr. Lugao for the applicant. KABURU BAUNI JUDGE