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…(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.…

…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…

…E1188 of 2024 at Nakuru, alleging that on 4 th August 2021, he sent Kshs. 200,000/- in two instalments of Kshs. 100,000/- each from his KCB account (No. 1199608645) to his wife's Equity Bank account (No. 0130196386460), but…

…The Appellant denied the claim, asserting that the transfers failed for technical reasons and the funds were reversed and re-credited to the Respondent's account in two instalments of Kshs. 100,000/- each on the same day,…

…The Appellant filed a response to the claim whereof he admitted to have received by instalment a sum of Kshs.461,000/= from the Claimant (Respondent).…

…The Appellant also stated in response that he had repaid Kshs.33,000/= to the Respondent and that he is ready to settle the balance of kshs.417,000/= by instalments also. 3.…

…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 plaintiff stated that he settled the purchase price by instalments as follows: (i) 20.11.2002 Kshs 327,500/= (ii) 20.11.2002 Kshs 202,500/= (iii) 10.12.2002 Kshs 300,000/= (iv) 17.12.2002 Kshs 120,000/= (v) 23.12.2002…