Search court decisions

…The plaintiff deposited a sum of Kshs 109,000/- and was to pay the balance by instalments of Kshs 8,187/55 per month with effect from 2nd July, 1988.…

…Attempts to make up instalments after the vehicle was re-possessed are supported by exhibit 7 & 8.…

…That owing to financial difficulty the applicant proposes to settle the sum owed by instalments of Kshs 5000/-.…

…The proposal to pay the decretal sum by Kshs.5000/= per month by instalments is termed ridiculous.…

…He further testified that upon depositing Kshs. 60,000,000/= the 2 nd defendant was to pay the balance in monthly instalments of Kshs. 1,765,000/= over a period of 5 years; and that the instalments were to be credited by…

…DW2 confirmed that the money was paid in instalments of Kshs. 1,765,000/= over a period of 60 months after a down payment of Kshs. 60,000,000/=.…

…What can be discerned from the chamber summons and the supporting affidavit of George Karolyi sworn on 11th September, 2003 is that the defendant is unable to settle the decretal sum at one go but can gradually settle by instalments…

…(ii) A sum of Kshs. 25,000/= per month for twelve months from the date of completion of the instalments in (i) above and (iii) Kshs.35,000/= per month for 12 months from the last date of payments in (ii) above.…

…Further that the instalments proposed by him are reasonable in the circumstances, and that he has acted in good faith. He urged the court to allow his application.…

…shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.”…

…That he paid KShs 2,000 on the date of the agreement and that the balance of KShs 7,000 was paid in instalments.…

…The Plaintiff went on to testify that the Defendant is a sister of Barnabas Siali and that he paid the last instalment of the purchase price on 5th February 1991.…

…The outstanding will be liquidated by way of monthly instalments of not less than Kshs.75,000 payable on or before the 6th day of every month with 1st instalment being due on 6th April, 2025.…

…of USD 34,200, commencing November, 2018 and with the last instalment being paid in April, 2019.…

…That the Defendant however failed to pay a single instalment. 15.…

…An order that the second defendant/applicant liquidate the decretal sum and costs of the suit by monthly instalments until payment in full.…

…On behalf of the plaintiff/respondent it was contended that the second defendant has no other attachable assets, that it did not provide any security for the payment of the decretal sum, that no reasonable instalments had…

…judgment is entered in favour of the plaintiff as against the Defendants and 2nd Interested party in the following terms; 1.The Defendants shall refund the plaintiff Khs. 8,000,000/ (Eight million only) comprised of the first instalment…

…In default of payment of any of the above instalment upon falling due by way of dishonoured cheque for reason of insufficient funds or otherwise, the whole of the balance shall become due and immediately payable to the plaintiff…

…THAT the guarantors be allowed to liquidate the amount outstanding in instalment of Kshs.20,000/= until payment in full”. Mr.…

…The previous instalments still stand at Shs50,000/= per month. Orders accordingly. Delivered at Nairobi this 7th day of December, 1998. E.O.O’KUBASU JUDGE 7.12.98 Coram : E. O’Kubasu, J No appearance for applicant Mr.…

…That the plaintiff was not able to pay the agreed monthly instalment but was paying an average of Kshs. 120, 000/= per a month.…

…That the agreed repayment period was 120 months and the plaintiff was to make monthly instalment payments of Kshs. 149, 338/=.…

…The purchase price according to that agreement was to be paid in instalments commencing from the date of the agreement until 30th December 1992 when the Applicant was to pay the last instalment to a specified loan account…

…By the said agreement, the Applicant’s family was allowed to occupy the said land parcel No. 266 during the period that the instalments were being paid. 9.   …

…It expressed a willingness to pay the remaining monthly instalments, as and when they fell due, in accordance with the agreement. 4. The application is opposed.…

…The plaintiff concedes as much and seeks to leave to continue paying in instalments. 11.…

…It avers that the loan was repayable over a period of 120 months with monthly instalments of Kshs.158,028/- each.…

…He further testified that he initially made monthly instalments but later defaulted. He stated that the agreed monthly instalment was Kshs.158,028/-.…

…So that the 1st instalment became due and payable on 1st September 1985. It is in evidence, that the plaintiffs have been paying the agreed instalments on due dates and have not at any time defaulted.…

…The plaintiffs had regularly paid the contractual instalments on due dates. The balance as at the 31st December, 1987, was Kshs 949,649.45. The trend was that the balances were increasing instead of decreasing.…

…The applicable provisions for payment of decretal sums in instalments is found under Order 21 Rule 12 of the Civil Procedure Rules, 2010.…

…“(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by instalments…

…It was then pleaded further that, except for some months when payment of the instalments was delayed due to ethnic clashes that affected business in Eldoret, and which instalments the Plaintiff later regularized and made…

…It was stated that contrary to what was alleged in the Plaint, the Plaintiff defaulted in repaying the instalments for June and December 2007, which defaults thus nullified the agreement.…

…The consideration of KShs 8,000,000/- was to be settled in two instalments with the first being KShs 625,000/- payable by way of monthly instalments of KShs 25,000/- from the 10.07.2012 to August 2014.…

…On the other hand, the 2nd Defendant testified to the effect that the first instalment of KShs 625,000/- payable under the Memorandum of Understanding was duly paid and on time.…