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…The Court allowed the application, noting that the Judgment Debtor had already paid some instalments and directed that the instalments commence in the month of February, 2025. 2.…

…To be clear, the application dated 30 th July, 2024 had sought to have the Appellant liquidate the decretal amount in monthly instalments of Kshs 200,000/- per month, and grounded on the fact that some instalments had already…

…The Applicants have now brought the instant Application, seeking to have the remaining balance of the decretal sum awarded, settled by way of instalments.…

…The Respondents are opposed to the proposal but are amenable to settlement of the balance in two (2) instalments.…

…this Court for determination is a Notice of Motion dated 25.10.24, in which the Appellant seeks in the main that she be allowed to pay the amount of Kshs. 476,838/= in the certificate of taxation dated 24.6.24 in monthly instalments…

…her appeal, the Respondent filed a party and party bill of costs which was on 28.5.24 taxed at Kshs. 476,838/=; that by a letter dated 24.7.24, she proposed to the Respondent’s advocates to pay the said amount in monthly instalments…

…In the alternative, the Appellant seeks leave to liquidate the decretal sum by way of instalments.…

…Payment by Instalments The Appellant has sought, in the further alternative, leave to liquidate the decretal sum in instalments.…

…The total repayable amount under the loan was Kshs. 6,703,472.00, payable in 60 monthly instalments of Kshs. 111,540.00 each.…

…The grounds may be distilled as follows: i. the trial court failed to pronounce upon the fate of the Kshs. 3,190,815.00 paid by the Appellant as deposit and instalments; ii. the trial court failed to determine prayer (c)…

…In his written submissions as summarised above, the appellant was seeking for time to settle or liquidate the decretal sum buy instalments. 19.…

…In the submissions supporting this appeal, he concedes that he owed the respondent the money but that he was willing to settle by instalments.…

…(iii) THAT this Honourable Court be pleased to grant leave to the applicant to satisfy the decretal sum of Kshs.1,722,666.60 by way of monthly instalments of Kshs.150,000.00 until payment in full.…

…As regards to the prayer to settle the decretal sum by instalments, Order 21 rule 12 (2) of the Civil Procedure Rules lays the requirements which must be met before granting order.…

…In other, the Appellants stopped paying the decretal sum in instalments as agreed. 4. It is pointed by the Respondent that as of now, the amount owing and outstanding is Kshs.897,817/=.…

…The Appellants have not denied that they have not paid the agree instalments since the month of July, 2025.…

…Nathan Tororei, Advocate, who was acting for the plaintiffs and requested for an amicable settlement of the matter by way of payment in instalments.…

…He prayed the court allow him to pay the decretal sum in instalments of Kshs 5,000/= per month until payment in full.…

…Considering the history of the matter , instalments will not be appropriate . The fine be paid within 7 days from today.…

…This is January and my client is paying school fees for his children . can the fine be paid in instalments ? Masolo : I seek that the period of 72 hours be varied to 14 days .…

…A notice to show cause was served upon the appellant, and she appeared in court, on 28th April 2015, and recorded a consent, undertaking to liquidate the decretal amount in monthly instalments of Kshs. 30,000.00.…

…She sought that the court considers ordering a payment of a lower amount, in monthly instalments, and suggested Kshs. 10,000.00.…

…The witness further confirmed on being questioned that the 1st Respondent paid 28 instalments out of the agreed 36. 14.…

…The 1st Respondent admitted that she paid 28 instalments instead of 36. She added that she paid Ksh.96,166/- to the Appellant when she received a demand in the year 2017 that indicated that she was in arrears.…

…The witness further confirmed on being questioned that the 1st Respondent paid 28 instalments out of the agreed 36. 14.…

…The 1st Respondent admitted that she paid 28 instalments instead of 36. She added that she paid Ksh.96,166/- to the Appellant when she received a demand in the year 2017 that indicated that she was in arrears.…

…No evidence was presented before the trial court to prove that the deceased was steamrolled, noting that she faithfully paid up the monthly instalments until her demise.…

…Admittedly, several instalments, remained unpaid. After repossession the complainant contacted the Financier and was informed of the reasons for the repossession.…

…The purchaser paid Kes. 3,200,000/-, leaving a balance of Kes. 6,300,000.00, which was to be settled in 4 instalments made up as follows:- (1) Kes.424,000/ - (inclusive of insurance) – 26th November 2024; (2) Kes.2,124,000…

…It was a term of the said agreement that the seller would have the right to repossess the motor vehicle if the buyer defaulted on any three consecutive instalments, and, in that case, would have the right to sell the motor…

…declaration that the proclamation dated 22 nd August 2025 and notification of sale dated 11 th September 2025 are unlawful Release of motor vehicle KDK 057M Leave to settle the decretal sum of KES. 1,242,372 in two equal instalments…

…Where the decretal sum has already been paid or is in the process of being settled, there remains no justification for stay or for further orders permitting payment by instalments.…

…The respondent paid a deposit of Kshs 450,000/= on the date of the agreement, leaving a balance of Kshs 1,450,000/= which was payable in twenty-four equal monthly instalments of Kshs 60,416/=. 3.…

…Her case was that, by the date of the accident, she had paid the appellant a total of Kshs 860,000/= made up of the deposit and monthly instalments; that upon the write-off, the insurer paid out the full value of the vehicle…

…He pointed out that, having paid for two months’ instalments in June 2021 and subsequently overpaid the installment for the month of July 2021, it could not be said that he was in default without a plausible justification…

…She added that the motor vehicle had to be transferred from Kisumu to Nairobi for sale but was released to the appellant upon payment of some of the instalments.…

…payment instalments, Kshs. 3,000/ = went to their savings meaning not all the amounts they paid were allocated to the loan recovery. 19.…

…Counsel further reiterated that the Plaintiff had stated that the payments were being made in monthly instalments and that these instalments included savings of Kshs 3,000/= per month which savings were not the subject of…