Automated Summary
Key Facts
The applicant, the Board of Management of Elite Girls Bumamu Secondary School, sought permission to pay a decretal amount of Ksh. 552,565 (plus costs) in termly or quarterly instalments due to financial constraints, claiming reliance on quarterly government funding. The respondent, Ben Olubakaya Namonywa, opposed the application, arguing the proposal would take over 5 years and allow interest to accumulate, harming the institution. The court dismissed the application, citing the applicant's prior assertion of financial capability in a 2023 stay of execution affidavit and insufficient evidence of changed circumstances. The judgment was delivered on 16 July 2025 in the High Court at Kakamega (Civil Appeal E077 of 2023).
Issues
The court determined whether the applicant (a public government institution) demonstrated sufficient cause under Order 21 Rule 12 of the Civil Procedure Rules to pay a decretal amount of Ksh. 552,565/= in quarterly/termly instalments, considering their prior claims of financial capability during a stay of execution application and the respondent's opposition to prolonged payment periods attracting interest.
Holdings
- The court dismissed the application for payment in instalments as the applicant failed to demonstrate sufficient cause.
- The respondent was awarded costs of the appeal.
- The applicant is estopped from claiming inability to pay after previously stating capability during the stay of execution.
Remedies
- Costs of the application are awarded to the respondent as per the court's ruling.
- The court dismissed the applicant's motion to pay the decretal amount in installments as there was no sufficient cause demonstrated for the financial inability, citing that the applicant previously claimed capability to pay and the lack of merit in the application.
Monetary Damages
552565.50
Legal Principles
- The applicant was required to demonstrate sufficient cause under Order 21 Rule 12 for installment payments, but failed to show a change in financial circumstances since their previous affidavit, leading the court to dismiss the application.
- The court applied the principle of Estoppel, as the applicant had previously stated their ability to pay the decretal amount if the appeal was dismissed, thereby preventing them from now claiming financial incapacity.
Cited Statute
- Basic Education Act
- Civil Procedure Rules
- Civil Procedure Act
Judge Name
S. Mbungi
Passage Text
- The applicant in support of its application avers that they have already given a proposal to the respondent on how to settle the amount and even they have forwarded a cheque of Ksh 50,000/= to the respondent but the respondent has never responded to their proposal.
- Order 21 Rule 12 of the Civil procedure rules provides: (1). Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.
- The respondent having a judgment in his favour, has a right to enjoy the fruits of his judgment and there being no sufficient cause demonstrated by the applicant on its inability to settle the decretal amount at once I do dismiss the application dated 12.5.2025 for lack of merit.