Case Metadata |
|
Case Number: | Environment and Land Case 221 of 2017 |
---|---|
Parties: | M’nyeri M’rimunya v Beth Kaari, Prudence Mukiri & Phares Gitari Nkoroi |
Date Delivered: | 25 Feb 2020 |
Case Class: | Civil |
Court: | High Court at Chuka |
Case Action: | Ruling |
Judge(s): | Peter Muchoki Njoroge |
Citation: | M’nyeri M’rimunya v Beth Kaari & 2 others [2020] eKLR |
Advocates: | Muthomi Gatari for the Plaintiff Karanja Munyiri for the defendants |
Court Division: | Environment and Land |
County: | Tharaka Nithi |
Advocates: | Muthomi Gatari for the Plaintiff Karanja Munyiri for the defendants |
History Advocates: | Both Parties Represented |
Case Outcome: | Consent adopted |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 221 OF 2017
M’NYERI M’RIMUNYA..........................................................................PLAINTIFF
VERSUS
BETH KAARI .................................................................................1ST DEFENDANT
PRUDENCE MUKIRI.....................................................................2ND DEFENDANT
PHARES GITARI NKOROI...........................................................3RD DEFENDANT
RULING
1. This application is dated 6th March, 2019 and seeks orders:
1. That this application be certified urgent and service dispensed with in the first instance.
2. That there be stay of execution of judgment and or order dated 21.2.2019 pending the hearing and determination of this application interpartes.
3. That the honourable court do allow or authorize the judgment/debtor to liquidate the decreed sum of Kshs.485, 191.33 in equal quarterly installment of Kshs.50,000= with effect from 30th April, 2019 and every other subsequent quarterly period until payment in full.
4. The costs of this application be costs in the cause.
2. The application has the following grounds:
i. On 21.2.2019 the costs of this suit were assessed at Kshs.485,191.33 against the applicant.
ii. The applicant is unable to settle the full decretal sum of Kshs.484,191.33 all at once.
iii. Execution of the decreed sum of money may take place any time, hence the urgency of the instant application.
iv. The orders sought are not likely to prejudice the decree holder.
v. If orders sought are not granted expeditiously the outcome of this application will be rendered nugatory.
vi. There is no inordinate delay in filing the instant application.
3. The application is supported by the applicant’s affidavit which states:
I M’NYERI M’RIMUNYA of P. O. Box 54 Chuka do herby make oath and state as follows:-
1. That I am the judgment/debtor herein well versed with the facts of this case hence competent to sear this affidavit.
2. That on 21.2.2019 the party and party bill of cost for defendants was assessed at Kshs.485,191.33 against me.
3. That I am over 80 years old and with no major economic activity or income to enable me raise the above decretal amount assessed all at once.
4. That I am a small scale peasant farmer out of which I earn an average of Kshs.70,000= per year and therefore unable to settle the said decretal amount all at once.
5. That if the orders I am seeking in the instant application is granted, I would be in a position to settle the decretal amount as accessed (sic) above after every other 3 months as proposed.
6. That the judgment creditor have (sic) vowed to execute the order for costs with urgency and therefore unless I am allowed to liquidate the same in installments I am bound to be put to civil jail and/or my property attached in execution thereof thereby rendering me a destitute.
7. That I therefore swear this affidavit in support of my application seeking stay of execution of the judgment/decree and/or order for costs of the suit and thereafter be allowed to liquidate the same in equal quarterly installments of Kshs.50,000 per every quarter of the year.
8. That all the facts deposed to hereinabove are true to the best of my knowledge, belief and information.
2. On. 25.22020, the advocates representing the parties proffered a consent in the following terms for adoption by the court.
CONSENT
By Consent
The matter be mentioned after four (4) months to confirm the payment of taxed costs ie Kshs. Four Hundred and Eighty Five Thousand, One Hundred and Ninety One Shillings and Thirty Three Cents (485,191.33) only.
3. The consent is adopted as an order of this court.
4. By consent, the parties will come to court on 2.6.2020 to confirm compliance with the consent.
5. Costs shall be in the cause.
Delivered in open Court at Chuka this 25th day of February, 2020 in the presence of:
CA: Ndegwa
Muthomi Gatari for the Plaintiff
Karanja Munyiri for the defendants
P. M. NJOROGE,
JUDGE.