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…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.…

…Of this amount a sum of Sh.700,000/= was paid upon the execution of the agreement and the balance was payable in two instalments of Sh.200,000/= and Sh.100,000/= on dates therein stated. The first instalment was paid.…

…Upon failure to pay the final instalment of Sh.100,000/= the Appellant filed CMCC Number 817 of 2006 claiming that sum or in the alternative the return of the vehicle in which case the Appellant was to refund the sum of Sh…

…Clause 4 of the hire purchase agreement provides that the defendant/respondent can terminate the hiring and take possession of the motor vehicle the subject of the agreement if the applicant failed to pay any of the hire instalments…

…There is however an express admission of the debt in the letter save for interest charged and there is a proposal for payment by specied instalments.…

…The payment of the purchase price was by instalments. Ownership of the property cassettes remained in the owners, the defendants, until all the purchase price had been paid.…