Molonket v East African Portland Cement Co Ltd (Cause 198 of 2019) [2024] KEELRC 421 (KLR) (27 February 2024) (Ruling)

Facts

The Respondent/Applicant (East African Portland Cement Co Ltd) sought to vary an order allowing the Applicant (Lucy Rimanto Molonket) to deposit the decretal sum in a joint interest-earning account in equal monthly instalments of Kshs. 2 Million.

Issues

1. Whether the Court should allow the Applicant to deposit the decretal sum in equal monthly instalments
2. Whether the Applicant's Application is in bad faith and an abuse of the court process

Reasoning

The Court found that the Applicant had demonstrated financial challenges and was unable to deposit the entire decretal sum in lump sum, and that the Applicant had secondly informed the Court that it was able to pay reasonable monthly instalments.

Outcome

The Court ordered the Applicant to deposit the decretal sum in equal monthly instalments of Kshs. 2 Million until the full amount is deposited.

Authorities cited