KENNETH MUTIGA v NTIMA FARMERS CO-OP. SOCIETY LTD & another [2011] KEHC 2708 (KLR)
- Court
- High Court of Kenya
- Case number
- 2708
- Citation
- [2011] KEHC 2708 (KLR)
- Decided
- 18 May 2011
The court grants the 1st defendant's application to pay the decretal sum by monthly instalments of Kshs. 100,000 starting from June 5, 2011, with a stay of execution until full payment is made.
Facts
The plaintiff, Kenneth Mutiga, was attacked by the 2nd defendant, Joseph Kiumba M'Nanga, who was an employee of the 1st defendant, NTIMA Farmers Co-Op. Society Ltd. The plaintiff received a judgment for Kshs. 1 million in damages. The 1st defendant applied for leave to liquidate the decretal amount by monthly instalments of Kshs. 40,000.
Issues
- Whether the 1st defendant can pay the decretal sum by monthly instalments
- Whether the plaintiff's opposition to the application is valid
Reasoning
The court finds that the 1st defendant has shown sufficient cause for the application and that the offer of Kshs. 40,000 per month is too low. The court grants the application with conditions.
Outcome
The 1st defendant is granted leave to pay the decretal sum by monthly instalments of Kshs. 100,000 starting from June 5, 2011.
Orders
- Total amount of money deposited in court by the 1st defendant be released to the plaintiff
- Stay of execution of the judgment of this court on condition that the 1st defendant pays the balance of the decretal sums by monthly instalments of Kshs. 100,000 per month
Remedies
- Stay of execution until full payment is made
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
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