Shira v Kiptingos (Environment and Land Appeal E002 of 2022) [2025] KEELC 4408 (KLR) (12 June 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4408
- Citation
- [2025] KEELC 4408 (KLR)
- Decided
- 12 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureApplication for payment of decretal sum by instalmentsCoramMN MWANYALE
Holding
The court allows the application, but with conditions. The applicant is granted a stay of execution and is required to pay a deposit and monthly instalments.
Facts
The applicant, Koidungu Ole Shira, seeks to pay Kshs.231,500 in monthly instalments due to his inability to pay the entire amount in one instalment. The respondent, Julius L Kiptingos, opposes the application, citing inadequate proposed monthly payments and lack of evidence of the applicant's inability to pay.
Issues
- Whether the applicant is entitled to pay the decretal sum in instalments due to his inability to pay the entire amount in one instalment.
- Whether the proposed payment plan is reasonable and made in good faith.
Reasoning
The court considers the applicant's inability to pay the entire amount in one instalment and allows the application with conditions. The proposed payment plan is deemed unreasonable and not made in good faith.
Outcome
The application is granted with conditions.
Orders
- Stay of execution of the certificate of taxation
- Applicant to pay a deposit of Kshs. 81,500 within 60 days
- Applicant to pay monthly instalments of Kshs. 30,000 till payment in full
- Respondent to be at liberty to execute in default of any instalment
Remedies
- Stay of execution
- Deposit and monthly instalments
Authorities cited
Cases cited (3)
- Botanics Kenya Limited V. Esign Food (K) Limited (2016) eKLR
- Rajabali Alidina Vs. Remtila Alidina
- Freight Forwarders Vs. Elsek and Elsek Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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