Jack & Jill Supermaket Limited v Viktar Maina Ngunjiri [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
J. K. Sergon
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Jack & Jill Supermarket Limited v Viktar Maina Ngunjiri [2020] eKLR, highlighting key legal principles and outcomes. Perfect for legal research and insights.

Case Brief: Jack & Jill Supermaket Limited v Viktar Maina Ngunjiri [2020] eKLR

1. Case Information:
- Name of the Case: Jack & Jill Supermarket Limited v. Viktar Maina Ngunjiri
- Case Number: Civil Case No. 317 of 2014
- Court: High Court of Kenya at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): J. K. Sergon
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case involve whether the defendant, Viktar Maina Ngunjiri, should be allowed to liquidate the judgment sum of Kshs. 21,508,000 by monthly installments due to financial hardship attributed to the Covid-19 pandemic, and whether the court has jurisdiction to grant such an order.

3. Facts of the Case:
The plaintiff, Jack & Jill Supermarket Limited, was awarded a judgment against the defendant, Viktar Maina Ngunjiri, for Kshs. 21,508,000 in special and exemplary damages, plus interest. Following this judgment, the defendant filed a motion seeking permission to pay the judgment sum in monthly installments of Kshs. 500,000. The defendant claimed that his business, which involves the import and export of commodities primarily to and from China, had been severely impacted by the Covid-19 pandemic, rendering him unable to pay the total amount at once. The plaintiff opposed this motion, arguing that the court lacked jurisdiction to grant such relief and that the defendant did not provide adequate evidence of his financial situation.

4. Procedural History:
The case progressed through the court system, culminating in the defendant's motion dated 19th May 2020. The defendant submitted an affidavit in support of his request for installment payments, while the plaintiff filed grounds of opposition. During the inter partes hearing, both parties presented their arguments, which the court considered alongside the supporting documents and affidavits.

5. Analysis:
- Rules: The court referred to Order 21 Rule 12 of the Civil Procedure Rules, which grants the court the discretion to allow payment of a decretal sum by installments if sufficient reason is provided by the applicant.

- Case Law: The court did not explicitly cite previous case law in the ruling; however, the principles established in similar cases regarding installment payments in civil judgments were implicitly acknowledged.

- Application: The court noted that the defendant's claim of financial hardship due to the pandemic was plausible and not contradicted by the plaintiff. The court acknowledged the widespread impact of Covid-19 on businesses globally. It found the request for payment of Kshs. 500,000 per month to be unreasonable, as it would extend the repayment period beyond five years. Instead, the court determined that a monthly installment of Kshs. 1,250,000 would allow the debt to be settled within a more reasonable timeframe of 24 months.

6. Conclusion:
The court ruled in favor of the defendant's motion, allowing him to liquidate the judgment sum by monthly installments of Kshs. 1,250,000, starting from 10th November 2020. The court emphasized the need for a balance between the defendant's financial difficulties and the plaintiff's rights to recover their judgment. The ruling highlights the court's discretion in managing debts during extraordinary circumstances like a pandemic.

7. Dissent:
There were no dissenting opinions noted in the ruling. The decision was made by Judge J. K. Sergon, and all parties present accepted the ruling.

8. Summary:
The High Court of Kenya ruled in Jack & Jill Supermarket Limited v. Viktar Maina Ngunjiri that the defendant could pay the judgment sum through monthly installments of Kshs. 1,250,000 over 24 months, reflecting the court's consideration of the financial impact of the Covid-19 pandemic on the defendant's business. This case underscores the court's role in balancing the interests of creditors and debtors, particularly in times of economic distress.

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