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KENYA PORTS AUTHORITY v SPEARS SHIPPING AGENCY (K) LIMITED [2011] KEHC 732 (KLR)

[2011] KEHC 732 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
732
Citation
[2011] KEHC 732 (KLR)
Decided
15 November 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Practice and ProcedurePostureApplication for judgment on admissionCoramMARY KASANGO
Holding

Judgment is granted to the defendant to pay the decretal amount by installments.

Facts

The plaintiff sued the defendant for US dollars 82,485.95. The defendant admitted part of the debt by way of monthly installments of US dollars 2000. The defendant had already paid US dollars 11,000 towards the debt.

Issues

  1. Whether judgment should be entered against the defendant on admission for US dollars 71,485.95.
  2. How the decretal amount should be paid by the defendant in installments.

Reasoning

The court applied the overriding objective to ensure the matter is expeditiously resolved.

Outcome

Judgment granted to the defendant to pay the decretal amount by installments.

Orders

  • The defendant is granted leave to pay the decretal amount by instalments as follows: US dollars 10,000 on 30th November, 2011; US dollars 10,000 on 31st December, 2011; US dollars 20,000 on 31st January, 2012; and the whole balance of the decretal amount on 29th February, 2012.
  • The cost of the chamber summons dated 7th December 2009 and the notice of motion dated 3rd March 2011 are awarded to the plaintiff.
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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