JUDGMENT
The brief background to this appeal is that the appellant filed a claim in the High Court to recover the sum of Kshs.9,500,000.00 which he had lent to the respondent as a personal loan in the years 1996 and 1997. Following a full hearing of the suit, judgment was delivered in favour of the appellant on 29th April 2005 in the sum of Kshs.16,346,246.50 together with interest at 12% per annum from 5th May 2005 until payment in full. A decree was thereafter issued on 5th October 2005.
The respondent failed to settle the decree and the appellant applied for the respondent’s committal to civil jail for failure to satisfy the decree. The application was allowed with the consequence that the respondent was committed to civil jail.
On 13th March 2009, the parties entered into a consent where the respondent undertook to pay the appellant a sum of Kshs.5,000,000.00 in partial satisfaction of the decretal amount upon which the order for his committal to civil jail would be suspended. Subseq…