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…The amount was payable within 24 months by way of monthly instalments. Very critical was the clause on interest. It was clause 1.4 which read: - “1.4.…

…That the facility was to be repaid directly from the applicant in 24 monthly instalments of Kshs.27,904/- comprising of both principal and interest starting after 30 days from the date of disbursement.…

…The 1 st application was dated 30 th July, 2024 and it sought to have the decretal amount in the matter liquidated in monthly instalments of Kshs 200,000/-.…

…She sought to be allowed to liquidate the decretal amount in monthly instalments of Kshs. 200,000/- and the court was kind enough to allow the instalment payment.…

…Before 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 of Kshs. 20,000/=.…

…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/=.…

…LTEA14075FL) for which the respondent as the said companies’ director had provided his personal guarantee affirming that he would repay the monthly instalments for and on behalf of the principal debtor- company.…

…instalment as specified in the first schedule of the said agreement.…

…instalments of Kshs. 15,000/=, amounting to Kshs. 300,000/=.…

…Subsequently, he restructured the same loan with the Respondent, agreeing on a new repayment plan, where he deposited an additional lump sum of Kshs. 650,000/= and settled the remaining Kshs. 300,000/= through monthly instalments…

…instalment of Kshs 90,182/-.…

…From the Letter of Offer produced, the loan was repayable at an interest of 14% and in 48 monthly instalments.…

…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.…

…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 2 parties had allegedly reached agreement, that the respondent would pay to the appellant, a sum of Kshs. 7,800,000.00, as consideration for leaving the company, which amount was to be paid in monthly instalments, with…

…The principal terms were, that the appellant was to voluntarily resign from directorship, upon being paid a sum of Kshs. 7,800,000.00; the amount was to be paid in monthly instalments, over a period of 12 months; the completion…

…The 2 parties had allegedly reached agreement, that the respondent would pay to the appellant, a sum of Kshs. 7,800,000.00, as consideration for leaving the company, which amount was to be paid in monthly instalments, with…

…The principal terms were, that the appellant was to voluntarily resign from directorship, upon being paid a sum of Kshs. 7,800,000.00; the amount was to be paid in monthly instalments, over a period of 12 months; the completion…

…It is common ground that the parties mutually agreed to reduce the monthly instalments from Kshs. 300,000/= to Kshs. 100,000/=.…

…A holistic reading of the agreement reveals that the handwritten notation expressly amended only the amount payable under the monthly instalments.…

…To his knowledge, his unpaid balance was then Ksh.78,291/- as the agreed monthly instalments had been dutifully paid, as and when they fell due. 16.…

…On being further cross examined, the Appellant stated that the Respondent’s letter 10th August, 2016 served to inform him to either increase his monthly instalments or seek the extension of the period for repayment, after…

…It is a term of the consent the parties entered that the Appellants were to pay by monthly instalments of the decretal. 9. It is also a term of the consent that the Appellants’ Motor Vehicle Registration No.…

…The appellants failed to honour the agreed monthly instalment. They also failed upon default to deliver Motor Vehicle Registration No. KCU 060L to Court within 3 days. 13.…

…The appellant’s terms were that the respondent would pay monthly installments of Kshs. 16,000/= for 24 months, later adjusted to monthly instalments of Kshs.19,000/- and Kshs. 3,000/- to cover insurance costs.…

…This prompted the respondent to file a suit dated 27 th February 2023, claiming Kshs. 311,367/- [Kshs. 205,000 (deposit paid for the motor vehicle) + Kshs. 95,000/- (monthly instalments) + Kshs. 11,367/- (incidental costs…

…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/-.…

…The evidence available to this Court shows that the Appellants occupied the premises as monthly tenants at KES 10,000 per month and, from January 2020, paid rent in six-monthly instalments of KES 60,000.…

…The only evidence before the Court relates to the parties' occupation of business premises on a monthly rental arrangement and the subsequent payment of rent in six-monthly instalments.…

…Further, the respondent asserted that in July 1995, the appellant started defaulting in payment of the agreed monthly instalments and had been in arrears ever since; that pursuant to issuance of a statutory notice threatening…

…The appellant also submitted that the unilateral revision of the interest rates from 22% to 33% after he had executed the loan agreement increased the monthly instalments from Kshs. 1,381 to Kshs. 1,711; that the said increase…

…Counsel urged that what the court needs to puts into further consideration is that the 1st Respondent was to pay and still is to pay a total of Ks. 704,890.81 as monthly instalments and hence if the court were to grant their…

…prayer that they make monthly instalments of Ks. 200,000/-it would lead to a huge loss of nearly Ks, 500,000/- which would be to the detriment of the Applicant. 23.…