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Kenya decisions
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Juma v Jesami Limited [2025] KEHC 8554 (KLR)
The High Court adopted a consent resolving a commercial application, allowing payment of the decretal sum and costs by instalments and closing the file.
Musimba v Kituyi [2025] KEHC 2766 (KLR)
The High Court dismissed res judicata objections but only partly granted an installment-payment application, requiring half the balance upfront and the rest in five installments.
Mburu v Mbelenzi & another [2024] KEELC 13952 (KLR)
The court dismissed an application by the 1st Defendant to stay execution and pay taxed costs by instalments, finding no sufficient cause or good faith.
Acorn Properties Ltd v Wanjohi & 2 others [2024] KEHC 14389 (KLR)
The court found that while the applicants had previously been granted the benefit of paying the decretal sum by monthly installments, their subsequent default and failure to demonstrate ongoing good faith payments undermined their position. However, considering their advanced age, medical issues, and the fact that their rental income was committed to servicing a substantial loan with KCB, the court exercised its discretion to vary the installment terms in the interests of justice. The court ordered a bullet payment of Kshs 3,000,000/- by 31/12/2024 and monthly installments of Kshs 1,500,000/-…
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Redeemed Gospel Church Meru & another v Mwirebua & 2 others; Muthuri & another (Third party) [2024] KEELC 7308 (KLR)
The court dismissed an application to review taxed costs, apportion liability among defendants, and allow payment by instalments, finding no basis for review and no sufficient cause for instalments.
Otundo & 5 others v Creek Marketing and Development Limited [2024] KEELC 7147 (KLR)
The court found that the plaintiffs had demonstrated sufficient cause to be allowed to pay the decretal sum by installments, citing evidence of illness, prevailing harsh economic times, and supporting documentation such as pay slips and medical records. The court exercised its discretion under Order 21 Rule 12 of the Civil Procedure Rules, holding that the plaintiffs' circumstances justified the grant of relief despite the defendant's objections. The court set aside the warrants of arrest and committal to civil jail against the 1st, 4th, and 6th plaintiffs and allowed liquidation of the decre…
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Mungai v Urithi Housing Co-operative Society Limited [2024] KECPT 927 (KLR)
The Tribunal dismissed an application to stay or lift execution warrants and to pay a decretal sum by instalments, finding no good faith or sufficient cause.
Crown Bus Services Limited v Mukani (Suing as the administrator of the Estate of Moses Ong’ang’a Wafula - Deceased) & another [2024] KEHC 2287 (KLR)
The court found that the applicant had previously been granted leave to settle the decretal sum by installments but failed to comply with those orders and did not provide any satisfactory explanation for the non-compliance. The court emphasized that equitable remedies such as injunctions are discretionary and require the applicant to come with clean hands, which the applicant failed to do by disregarding prior court orders. The prayers sought in the application were largely interim in nature and could not be granted at this stage, as the application had already been dispensed with by way of s…
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Bruce Odeny & Co Advocates v MCtough [2023] KEHC 27154 (KLR)
The High Court allowed payment of an advocate-client decretal sum by instalments, but on revised terms requiring a large lump sum first and default to trigger execution.
Sunny Sundy Holiday Home Ltd v Ng’ang’a & another [2023] KEELC 22522 (KLR)
The court dismissed an application to pay the decretal sum by instalments, finding no sufficient proof of hardship or bona fides and noting default on an earlier consent.
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