RUFUS JOHN NDONGE vs JOHNSON KAREHU GICHUKI ALIAS KAREHU GICHUKI[2001] eKLR
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 3656 OF 1987
RUFUS JOHN NDONGE ………………………………….. PLAINTIFF
VERSUS
JOHNSON KAREHU GICHUKI ALIAS KAREHU
GICHUKI………………………………………………….. DEFENDANT
R U L I N G
As long as the debt remains unpaid, the decree-holder is entitled to seek ways of recovering the outstanding debt. There is no basis for granting an order staying execution. As the applicant is not saying as to when he intends to begin payment; the court has no basis on which to grant the applicant leave to pay the decretal sum by instalment. There is nothing to show that paying Shs. 1,000 per month will be reasonable. The application is dismissed.
Orders accordingly.