Lavington Security Limited v Nairobi City Water & Sewerage Co. Ltd [2014] KEHC 8722 (KLR)
- Court
- High Court of Kenya
- Case number
- 8722
- Citation
- [2014] KEHC 8722 (KLR)
- Decided
- 22 October 2014
The court orders that the balance of the decretal sum shall be paid in four equal instalments starting from 30th October, 2014 and thereafter at the end of each succeeding month until payment in full.
Facts
The Applicant owes the Respondent a sum of Kshs. 24,203,139.22. The Applicant admitted the debt and the Respondent entered judgment against it. The parties engaged in negotiations on the mode of liquidating the decretal amount, but no concrete agreement was reached.
Issues
- Whether the Applicant can pay the decretal sum by monthly instalments of Kshs. 2,600,000
- Whether the Applicant can be granted a stay of execution
Reasoning
The court considered the circumstances of the case, the conduct of the parties, and the willingness of the Applicant to pay a fair proportion of the debt. The court ordered payment in four equal instalments starting from 30th October, 2014.
Outcome
The court ordered the balance of the decretal sum to be paid in four equal instalments.
Orders
- The balance of the decretal sum shall be paid in four equal instalments starting from 30th October, 2014 and thereafter at the end of each succeeding month until payment in full.
Remedies
- Stay of execution will only issue in the event of default by the Applicant on any one instalment.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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