P.S. BHANGRA v AUSTIN S. KITOLO [2009] KEHC 3306 (KLR)
- Court
- High Court of Kenya
- Case number
- 3306
- Citation
- [2009] KEHC 3306 (KLR)
- Decided
- 24 July 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's application for payment by installments and release from arrestCoramLESIIT, J.
Holding
The court grants the defendant's application to pay the decretal sum by installments of Kshs.200,000 effective from 31st July, 2009 and thereafter on the 30th of every month until payment in full or until further orders of the court
Facts
The defendant, Austin S. Kitoolo, was arrested and issued with a warrant of arrest due to his failure to pay a decree. He now seeks to pay the decretal sum by installments.
Issues
- Whether the court can lift the warrant of arrest
- Whether the court can grant payment by installments
Reasoning
The court considers the defendant's affidavit and finds he is unable to pay the entire decretal sum but offers to pay 20% of it. The court grants the application as it appears the defendant is unable to pay the full amount.
Outcome
Granted
Orders
- Payment by installments of Kshs.200,000 effective from 31st July, 2009 and thereafter on the 30th of every month until payment in full or until further orders of the court
- The order in (2) above will be subject for review to be increased upwards on application by either party
- The Kshs. 1 million deposited in court by the Judgment Debtor be released to the Decree Holder
- The cost of the application be in the cause
Remedies
- Payment by installments
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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