[2017] KEELRC 1594 (KLR)
The court found that while it has discretion to allow payment of a decretal sum by instalments, the proposed monthly payment of Kshs 100,000 was likely to prolong the claimant’s enjoyment of the judgment. Balancing the interests of both parties, the court ordered a lump sum payment of Kshs 200,000 within fifteen...
Source-derived case information.
- Citation
- [2017] KEELRC 1594 (KLR)
- Parties
- Applicant: Paul Leboo; Respondent: David Mututo Mumo; Respondent: Grits Industries Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1256 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Payment of Decretal Sum by Instalments
- Outcome
- Application allowed in part.
- Judges
- DI Wasike
- Legal Topics
- Decretal Sum Payment, Instalment Orders, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Leboo
Applicant
David Mututo Mumo
Respondent
Grits Industries Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Payment of Decretal Sum by Instalments
Legal Issues
- 1 Whether the court should allow the judgment debtor to settle the decretal sum by monthly instalments of Kshs 100,000.
- 2 Whether the proposed instalment amount is reasonable and demonstrates commitment to settle the decretal sum.
- 3 Whether the court should exercise its discretion in favour of the respondent given the evidence presented.
Ratio Decidendi
The court found that while it has discretion to allow payment of a decretal sum by instalments, the proposed monthly payment of Kshs 100,000 was likely to prolong the claimant’s enjoyment of the judgment. Balancing the interests of both parties, the court ordered a lump sum payment of Kshs 200,000 within fifteen days, followed by monthly instalments of Kshs 100,000 until the decretal sum is fully paid. The court emphasized that default in any instalment would entitle the claimant to proceed with execution. The court declined to award costs for the application.
Court Disposition
Application allowed in part.
Orders
- Judgment debtor to pay a lump sum of Kshs 200,000 within fifteen days of the order.
- Thereafter, monthly instalments of Kshs 100,000 to be paid at the end of each month until payment in full.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE 1256 OF 2013
PAUL LEBOO……………………….………..…….…CLAIMANT
VERSUS
DAVID MUTUTO MUMO …………...........…1ST RESPONDENT
GRITS INDUSTRIES LIMITED………….….2ND RESPONDENT
RULING
1. The applicant by Motion dated 27th July, 2016 seeks an order to liquidate the decretal sum by instalments Kshs 100,000/= per month until payment in full.
2. The 1st Respondent in his affidavit in support of the application states that currently the company is unable to settle the whole decretal amount at once due to harsh economic times and that the 2nd Respondent company is still young trying to create a market within Kitui town and its environs. Mr Mumo further states that the 2nd Respondent’s monthly turn over does not exceed Kshs 300,000/= yet it has salaries and other bills to pay.
3. The claimant opposed the application stating that the judgement debtor’s proposal to settle the decretal sum in instalments of Kshs 100,000/= per month is scandalous and that the affidavit in support of the application does not provide the court with sufficient proof nor evidence to enable the court exercise its discretion in favour of the respondent.
4. Payment of the decretal sum by instalment is an order the court may in appropriate circumstances make. Before making the order the court will have to consider the instalment offered vis-a-vis the decretal sum. This will help the court assess and determine the honesty and commitment on the part of applicant. An instalment which is inordinately low will not be accepted because it will have the effect of reducing the economic sense of the decretal sum to the decree holder.
5. The award of this court is Kshs 996,369/= therefore settling the same at the rate of Kshs 100,000/= per month would require about ten months. This is likely to drag the decree holder too long in enjoying the fruits of his judgement.
6. In the circumstance, taking the interest of both the claimant as the decree holder and the respondent as a judgement debtor, the court will allow the application but order that the judgement debtor makes a lumpsum of Kshs 200,000/= as the first instalment within fifteen days of this order and thereafter by a monthly instalment of Kshs 100,000/= with effect from end April, 2017 and subsequent instalments at the end of each succeeding month until payment in full.
7. In default of any installment execution to proceed.
8. There will be no order on costs.
9. It is so ordered.
Dated at Nairobi this 24th day of March 2017
Abuodha J. N.
Judge
Delivered this 24th of March 2017
Abuodha J. N.
Judge
In the presence of:-
………………for the Claimant
………........….for the Respondent.
Abuodha J. N.
Judge