Njeru Mbundi v Erasto Ngungi Ayub & John Kinyua Njeru (Civil Case 92 of 1998) [2013] KEHC 2268 (KLR) (4 September 2013) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2268
- Citation
- [2013] KEHC 2268 (KLR)
- Decided
- 4 September 2013
The Judgment Creditor is allowed to receive a bankers cheque in the amount of Kshs.200,000/= and the Judgment Creditor is required to clear the balance of the decretal sum within 45 days.
Facts
The Judgment Debtor was released from prison by the Court's orders due to the monetary decree and his willingness to clear his title to the subject land. The Judgment Debtor is an old man with health issues.
Issues
- Settlement of the decretal sum
- Release of funds to the Judgment Creditor
Reasoning
The Court considered the Judgment Debtor's willingness to clear his title and the health issues he faced, allowing the Judgment Creditor to receive the initial amount and setting a deadline for the remaining payment.
Outcome
The Judgment Creditor is allowed to receive the initial amount and the Judgment Creditor is required to clear the balance within 45 days.
Orders
- Allowance of the Judgment Creditor to receive a bankers cheque in the amount of Kshs.200,000/=
- Judgment Creditor to clear the balance of the decretal sum within 45 days
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