KENYA POWER & LIGHTING COMPANY v VENANZIO KAMERI [2011] KEHC 2629 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

MISC. CIVIL CASE NO. 198 OF 2010

KENYA POWER & LIGHTING COMPANY………………….......... PLAINTIFF

VERSUS

VENANZIO KAMERI……………….................................................………DEFENDANT

RULING

The Deputy Registrar of this court caused the proceedings in respect of  Nyeri C.M.C.C.C. No. 222of 2008 to be placed before this court for perusal. I have perused the aforesaid file and note that Venanzio Kameri, the Judgment Debtor therein, is complaining that the decree is being executed against him yet he has fully repaid the debt.

In my considered view, that is an issue which can be determined by the trial court or by the taxing officer and not by this court. I hereby refer the parties to appear before the trial court to determine the complaint. Costs shall be in the cause.

Dated and delivered at Nyeri this 20th day of May 2011.

J. K. SERGON

JUDGE

In open court in the absence of parties with notice.