[2023] KECPT 455 (KLR)
The Tribunal found that the request by the judgment debtors to pay the decretal sum by installments was reasonable under the circumstances and would serve the interests of equity. The Tribunal considered the affidavits and submissions from both parties and determined that structured payments would not prejudice the...
Source-derived case information.
- Citation
- [2023] KECPT 455 (KLR)
- Parties
- Applicant: Pamela Aduol Wanjawa & 7 others; Respondent: Taraji Sacco Society Limited & 3 others
- Court
- Cooperative Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 675 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Liquidation of Decretal Sum by Installments
- Outcome
- Application allowed in part; judgment debtors permitted to pay by installments subject to conditions.
- Judges
- BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
- Legal Topics
- Stay of Execution, Liquidation of Debt, Installment Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Aduol Wanjawa & 7 others
Applicant
Taraji Sacco Society Limited & 3 others
Respondent
Procedural Posture
Stay Application / Ruling on Application for Liquidation of Decretal Sum by Installments
Legal Issues
- 1 Whether the judgment debtors should be allowed to liquidate the decretal sum by reasonable monthly installments.
- 2 Whether a stay of execution should be granted pending payment by installments.
Ratio Decidendi
The Tribunal found that the request by the judgment debtors to pay the decretal sum by installments was reasonable under the circumstances and would serve the interests of equity. The Tribunal considered the affidavits and submissions from both parties and determined that structured payments would not prejudice the decree holders, provided that the installments were substantial and timely. The Tribunal therefore allowed the application, granting the judgment debtors permission to pay the decretal sum in specified installments, with a default clause allowing execution in the event of non-compliance. Costs were awarded to the decree holders.
Court Disposition
Application allowed in part; judgment debtors permitted to pay by installments subject to conditions.
Orders
- The respondent is allowed to liquidate the decretal sum in installments as follows: Kshs 500,000 to be paid within sixty days from the date of the ruling.
- The sum of Kshs 160,000 to be paid monthly commencing on the 5th day of the third month from the date of the ruling and on every 5th of each succeeding month until payment in full.
Full Case Text
Judgment text and source record
18 paragraphs
Wanjawa & 7 others v Taraji Sacco Society Limited & 3 others (Tribunal Case 675 of 2018) [2023] KECPT 455 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KECPT 455 (KLR)
Republic of Kenya
In the Cooperative Tribunal
Tribunal Case 675 of 2018
BM Kimemia, Chair, J. Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members
April 27, 2023
Between
Pamela Aduol Wanjawa & 7 others
Claimant
and
Taraji Sacco Society Limited & 3 others
Respondent
Ruling
1. The Application dated March 22, 2022 filed on the same date was brought by Respondent’s/Judgment Debtors under Certificate of Urgency seeking the following orders:a.Spentb.That there be a stay of execution of the judgment dated February 17, 2022 and decree dated March 15, 2022 pending the hearing and determination of the application.c.That the Judgment Debtors be allowed to liquidate the decretal amount of Kshs 2,932,371/= by way of reasonable monthly installments.d.Any further order as the interest of justice may demand.
2. Prayers number 1 and 2 having been dealt with, we are required to render our decision in regards to prayers 3 and 4 of the application.
3. Having perused and considered the Respondent’s/Judgment Debtor’s Application, the Affidavit in support thereof and the Supplementary Affidavit the Judgment Debtor are requesting for payment of the decretal sum via installment which amounts seems reasonable and for purposes of equity we allow the same and having also perused the Claimants’/Decree Holders’ Replying Affidavit together with the submissions filed by the Claimants and the Respondents. Application dated March 22, 2022 is allowed in the following termsi.That the Respondent is allowed to liquidate the decretal sum in installments as follows:a.The sum of Kshs 500,000/= to be paid within sixty days from the date hereof.b.The sum of Kshs 160,000/= to be paid monthly commencing on the 5th day of the 3rd month from the date hereof and on every 5th of each succeeding month until payment in full.c.In default of any one installment, execution to issue.ii.Costs to the Decree-holder.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF APRIL, 2023. Hon. Beatrice Kimemia Chairperson Signed 27. 4.2023Hon. J. Mwatsama Deputy Chairperson Signed 27. 4.2023Hon. Beatrice Sawe Member Signed 27. 4.2023Hon. Fridah Lotuiya Member Signed 27. 4.2023Hon. Philip Gichuki Member Signed 27. 4.2023Hon. Michael Chesikaw Member Signed 27. 4.2023Hon. Paul Aol Member Signed 27. 4.2023Tribunal Clerk Jemimah/Jonah