[2001] KEHC 518 (KLR)
The court found that there was no basis for granting a stay of execution because the applicant did not indicate when payment would commence, nor did he provide sufficient evidence to justify payment by instalments. The proposal to pay Shs. 1,000 per month was not shown to be reasonable. Consequently, the application...
Source-derived case information.
- Citation
- [2001] KEHC 518 (KLR)
- Parties
- Plaintiff: Rufus John Ndonge; Defendant: Johnson Karehu Gichuki alias Karehu Gichuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3656 of 1987
- Procedural Posture
- Civil Case / Ruling on Application for Stay of Execution and Leave to Pay by Instalments
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Payment by Instalments, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rufus John Ndonge
Plaintiff
Johnson Karehu Gichuki alias Karehu Gichuki
Defendant
Procedural Posture
Civil Case / Ruling on Application for Stay of Execution and Leave to Pay by Instalments
Legal Issues
- 1 Whether the applicant is entitled to an order staying execution of the decree.
- 2 Whether the applicant should be granted leave to pay the decretal sum by instalments.
Ratio Decidendi
The court found that there was no basis for granting a stay of execution because the applicant did not indicate when payment would commence, nor did he provide sufficient evidence to justify payment by instalments. The proposal to pay Shs. 1,000 per month was not shown to be reasonable. Consequently, the application for stay of execution and for leave to pay by instalments was dismissed, affirming the decree-holder's right to recover the debt without delay.
Court Disposition
application dismissed
Orders
- The application for stay of execution is dismissed.
- The application for leave to pay the decretal sum by instalments is dismissed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 3656 OF 1987 RUFUS JOHN NDONGE ………………………………….. PLAINTIFF VERSUS JOHNSON KAREHU GICHUKI ALIAS KAREHU GICHUKI………………………………………………….. DEFENDANT R U L I N G
As long as the debt remains unpaid, the decree-holder is entitled to seek ways of recovering the outstanding debt. There is no basis for granting an order staying execution. As the applicant is not saying as to when he intends to begin payment; the court has no basis on which to grant the applicant leave to pay the decretal sum by instalment. There is nothing to show that paying Shs. 1,000 per month will be reasonable. The application is dismissed.
Orders accordingly. R. KULOBA JUDGE 21. 6.2001