DALBIT PETROLEUM LIMITED v MARTIN GACHERU [2007] KEHC 3052 (KLR)
- Court
- High Court of Kenya
- Case number
- 3052
- Citation
- [2007] KEHC 3052 (KLR)
- Decided
- 21 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment entered in the original trialCoramO.K. MUTUNGI
Holding
The Court grants the Defendant's application to pay the decretal sum of K.Shs.3,302,300/- in instalments, with specific terms and conditions.
Facts
The Plaintiff, Dalbit Petroleum Limited, sought a judgment against the Defendant, Martin Gacheru, for K.Shs.3,203,000/- due to a debt. The Defendant was unable to pay the full amount at once due to financial constraints, but was willing to pay in instalments.
Issues
- Whether the Defendant can pay the full amount at once
- Whether the Defendant can pay the debt in instalments
Reasoning
The Court found that the Defendant has not taken steps to recover funds from his debtors and lives beyond the expected standard of a debtor.
Outcome
The Defendant is ordered to pay the decretal sum in instalments as per the Court's terms.
Orders
- The decretal sum of K.Shs.3,302,300/- be paid as per the following monthly instalments
Remedies
- The Defendant is ordered to pay the decretal sum in instalments
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Cap. 21, Laws of Kenya
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.
Loading judgment…