The Applicant filed the application herein dated 16th September 2024 under certificate of urgency seeking for orders of temporary injunction stopping the deposit of a lump-sum of Kshs. 150,000/= to the Respondent before 30th September 2024and that the period to make the said deposit be extended to 3 months. It was sought that the court issues an order for a deposit of Kshs. 50,000/= and instalments of Kshs. 20,000/= per month until payment of the debt of Kshs. 379,696.90 in full.
The application is supported by the grounds on the face of the application and affidavit of the Applicant sworn on 16th September 2024.
The application herein was canvassed by way of written submissions.
The Applicant filed submissions dated 9th January and he explained the hardship that would have been occasioned if he was made to pay the decretal sums within one month as opposed to 3 months which he sought this court to grant him.
The Respondent filed submissions dated 24th January 2025 opposing the application and argued that the Applicant had not demonstrated how the Trial Magistrates exercised discretion whimsically to warrant interference by the appellate court. It was submitted that the Applicant admitted the claim and prayed to be allowed to pay in instalments and as a result the Trial Magistrate ordered that he pays Kshs. 150,000/= on or before 30th September 2024 and subsequently pay monthly instalments of Kshs. 30,000/= until the entire decretal sums are paid in full. The Respondent submitted that the application was filed in a bid to delay payments which the Respondent was legally entitled to.
This court has considered the application the submissions and the authorities relied upon and find that the Applicant admitted that he owed the sums claimed and the solution is to pay. He was sued because he defaulted in paying back the loan advanced and he cannot be allowed to make payments at his discretion. The Applicant had sought to be given 3 months within which to pay the decretal sums which period has already ended and if he brought the application in good faith he ought to have completed making the payments as the application has been pending in court for now 9 months.
The Applicant’s application has no merits and the same is dismissed with costs.
Delivered, Dated and Signed at Migori this 26th Day of June, 2025
The application is supported by the grounds on the face of the application and affidavit of the Applicant sworn on 16th September 2024.
The application herein was canvassed by way of written submissions.
The Applicant filed submissions dated 9th January and he explained the hardship that would have been occasioned if he was made to pay the decretal sums within one month as opposed to 3 months which he sought this court to grant him.
The Respondent filed submissions dated 24th January 2025 opposing the application and argued that the Applicant had not demonstrated how the Trial Magistrates exercised discretion whimsically to warrant interference by the appellate court. It was submitted that the Applicant admitted the claim and prayed to be allowed to pay in instalments and as a result the Trial Magistrate ordered that he pays Kshs. 150,000/= on or before 30th September 2024 and subsequently pay monthly instalments of Kshs. 30,000/= until the entire decretal sums are paid in full. The Respondent submitted that the application was filed in a bid to delay payments which the Respondent was legally entitled to.
This court has considered the application the submissions and the authorities relied upon and find that the Applicant admitted that he owed the sums claimed and the solution is to pay. He was sued because he defaulted in paying back the loan advanced and he cannot be allowed to make payments at his discretion. The Applicant had sought to be given 3 months within which to pay the decretal sums which period has already ended and if he brought the application in good faith he ought to have completed making the payments as the application has been pending in court for now 9 months.
The Applicant’s application has no merits and the same is dismissed with costs.
Delivered, Dated and Signed at Migori this 26th Day of June, 2025