[2006] KEHC 3157 (KLR)
The court found that, in the absence of any contradiction or challenge to the registry's computation, the statement prepared by the registry staff is deemed accurate. As of 31st December 2005, the outstanding decretal amount is KES 320,818.26, which continues to accrue interest as per the decree. The court declined...
Source-derived case information.
- Citation
- [2006] KEHC 3157 (KLR)
- Parties
- Plaintiff: MON-CONS GENERAL CONTRACTORS LIMITED; Defendant: BINLAW CONSTRUCTION CO. LIMITED; Defendant: JOHN MOGUCHE ZACHARIA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1098 of 2001
- Procedural Posture
- Civil Case / Ruling on Notice of Motion Regarding Satisfaction of Decree
- Outcome
- Application for declaration of full satisfaction of decree dismissed; outstanding decretal amount confirmed.
- Judges
- MM Kasango
- Legal Topics
- Decree Satisfaction, Warrants of Attachment, Decretal Amount Calculation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MON-CONS GENERAL CONTRACTORS LIMITED
Plaintiff
BINLAW CONSTRUCTION CO. LIMITED
Defendant
JOHN MOGUCHE ZACHARIA
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion Regarding Satisfaction of Decree
Legal Issues
- 1 Whether the decree has been fully satisfied by the payment made by the judgment debtor.
- 2 Whether the amount calculated by the registry staff is accurate and unchallenged.
Ratio Decidendi
The court found that, in the absence of any contradiction or challenge to the registry's computation, the statement prepared by the registry staff is deemed accurate. As of 31st December 2005, the outstanding decretal amount is KES 320,818.26, which continues to accrue interest as per the decree. The court declined to make any order as to costs regarding the Notice of Motion dated 18th August 2005, as the parties did not challenge the registry's calculation and no error was demonstrated.
Court Disposition
Application for declaration of full satisfaction of decree dismissed; outstanding decretal amount confirmed.
Orders
- The decretal amount due as at 31st December 2005 is KES 320,818.26, which continues to accrue interest as per the decree.
- No order as to costs on the Notice of Motion dated 18th August 2005.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 1098 of 2001
MON-CONS GENERAL CONTRACTORS LIMITED.....................................................….PLAINTIFF
VERSUS
BINLAW CONSTRUCTION CO. LIMITED….…...............................................…..1ST DEFENDANT
JOHN MOGUCHE ZACHARIA………………..............................................….…..2ND DEFENDANT
R U L I N G
This ruling is further to the one dated 31st October 2005, which relates to the Notice of Motion dated 18th August 2005.
The judgment debtor by that application sought an order, or declaration of the court, that the decree hereof is satisfied fully. That application was based on the ground that the defendant; judgment debtor on payment of kshs, 2, 731, 214. 74, the figure contained in warrants of attachment dated 12th March 2004, satisfied the decree fully.
Because of conflicting submissions by both counsels on the amount due, the court ordered the registry staff to calculate the decretal amount, giving the credit of amount so far paid by the judgment debtor. The statement of amount due was prepared which stated that as at 31st December 2005 the amount due was kshs 320, 818. 26, which amount continues to attract interest.
Counsels in their submissions following the preparation of that statement did not address me on any mistake, if any, that was made by the registry staff in calculation of the decretal amount.
In the absence of contradiction of that statement the court’s finding is as follows:
(1) That the decretal amount due herein as at 31st December 2005 is kshs 320, 818. 26 which amount continues to accrue interest as per the decree.
(2) There shall be no orders as to costs to the Notice of Motion dated 18th August 2005.
Orders accordingly.
MARY KASANGO
JUDGE
Dated and delivered this 13th March 2006
MARY KASANGO
JUDGE