Case law
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Division and case type: High Court CivilCivil Appeal
…, and proof of performance where enforcement was sought. 31.…
…Consequently, the Appellant failed to establish an enforceable contractual claim capable of attracting judicial enforcement. 41.…
Division and case type: High Court CivilCivil Appeal
…D and E: They are in the following terms: - “(1) That pending the hearing and determination of this appeal, this Honourable Court be pleased to issue an order of stay of execution and/or enforcement of the warrants of arrest…
…The prayer seeks the stay of the enforcement of the warrants issued against him on 22/10/2025 pending appeal.…
Division and case type: High Court CivilCivil Appeal
…The Appellant sought to invoke and enforce the entire guaranteed sum of Ksh.10,000,000/-. 9.…
…The Appellant sought to invoke and enforce the entire guaranteed amount of Ksh.10,000,000/-. 35.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It argued that Regulation 7(3) of the Data Protection (Complaints Handling and Enforcement) Regulations expressly empowers the Respondent to reinstate a complaint upon provision of additional material. 13.…
…An enforcement notice to hereby be issued to the Respondent. iv. The Respondent is hereby ordered to pay the Complainant Kenya Shillings Seven Hundred thousand (KES 700,000) as compensation. v.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Learned counsel for the appellant on his part submits that without prejudice negotiations can never be enforced.…
…It is the respondent’s contention that this was the acceptance and at this point the negotiations crystallized into an enforceable agreement.…
Division and case type: High Court CivilCivil Appeal
…They further issued an injunction restraining the Appellant from attaching the Respondents’ savings, salaries, and or property in the enforcement of the guarantee on the loan that had been advanced to Mwombe Masungo, and…
…They further submit that the Board of Directors failed to seek instructions to refer the issue of the recovery of the loan and or enforcement of the guarantees to the Tribunal, as required by the provision in the by-law in…
Division and case type: High Court CivilCivil Appeal
…In that case, the Court of Appeal stated: “Where a party has voluntarily entered into a consent judgment, the Court will enforce the terms agreed upon.…
…She maintains that the decree arose from a contractual obligation, enforceable by the lower court and that the Applicant’s jurisdictional objection is merely an afterthought intended to delay enforcement. 41.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Commissioner, in a determination dated 30th October 2025, found the Applicant liable, awarded the 2 nd Respondent compensation of Kshs. 250,000 and issued an enforcement notice. 3.…
…This ruling is in respect to the Notice of Motion dated 12th November 2025 which seeks an order for stay of execution of the determination and enforcement notice issued by the Data Protection Commissioner on 30th October…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The contracting parties expressly so provide the “first limb” of enforcement, and 2.…
…to enforce the contract.…
Division and case type: High Court CivilCivil Appeal
…The subordinate court lacked the jurisdiction to enforce any order or decree of the High Court. iii.…
…The judgement sought to be enforced was delivered on the 5th October 2004 and although a bill of costs was filed, it was withdrawn the same day of filing.…
Division and case type: High Court CivilCivil Appeal
…They stated that at that point the outstanding debt stood at Kshs. 1,698,592.60/= comprising the principal amount, accrued interest, and enforcement costs.…
…Sections 65, 66, 67 and 73 of the Movable Property Security Rights Act set out mandatory procedures governing enforcement of security rights.…
Division and case type: High Court CivilCivil Appeal
…She contended that the Act requires the secured creditor to serve a clear and comprehensive default notice before any enforcement action, including repossession.…
…holding the repossession of the Appellant's vehicle to be valid and in legal compliance with the provisions of the Movable Property Security Rights Act (MPSRA), 2017, particularly Sections 65–67, governing post-default enforcement…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Pursuant to Regulation 11 of the Enforcement Regulations, on 19th and 22nd July 2024, this Office through e-mail and physically by hand delivery notified the Respondent of the Complaint filed against it vide a letter dated…
…Regulation 12 (1) of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations 2021 provides that where it appears to the Data Commissioner, or by application by either the Complainant or the Respondent…
Division and case type: High Court DivCivil Appeal
…That these items were collected after the court had given orders allowing her to pick her personal items from the respondent and that the OCS Makindu to assist in enforcing their order.…
…That the trial court summoned the officer commanding station to avail the inventory and order allegedly issued for enforcement.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…leading to the determination as follows: - i) The complaint by the 1st and 2nd Respondents was acknowledged in September 2024 in accordance with Regulation 4(4) of the Data Protection (Complaints Handling Procedure and Enforcement…
…The 3rd Respondent submitted that investigations were conducted pursuant to Section 57 of the Data Protection Act and Regulation 13 of the Enforcement Regulations.…
Division and case type: High Court CivilCivil Appeal
…Section 21(4) GPA states, in mandatory terms, that “save as provided in this section, no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Government ……
…In ex parte Fredrick Manoah Egunza case (supra), the High Court held that although a successful litigant is entitled to payment, enforcement against government proceeds by certificate and mandamus, not attachment.…
Division and case type: High Court CivilCivil Appeal
…Section 21(4) GPA states, in mandatory terms, that “save as provided in this section, no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Government ……
…In ex parte Fredrick Manoah Egunza case (supra), the High Court held that although a successful litigant is entitled to payment, enforcement against government proceeds by certificate and mandamus, not attachment.…
Division and case type: High Court CivilCivil Appeal
…Section 21(4) GPA states, in mandatory terms, that “save as provided in this section, no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Government ……
…In ex parte Fredrick Manoah Egunza case (supra), the High Court held that although a successful litigant is entitled to payment, enforcement against government proceeds by certificate and mandamus, not attachment.…
Division and case type: High Court DivCivil Appeal
…She found that the same was not enforceable. 7.…
…No Court ought to enforce an illegal contract or allow itself to be made the instrument of enforcing obligations alleged to arise out of the contract or transaction which is illegal, if the illegality is duly brought to the…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Claim before the trial court was one in the nature of an enforcement suit under Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act, Cap 405 Laws of Kenya, popularly referred to as a declaratory suit. 5.…
…The present suit seeks to enforce the judgement in Milimani CMCC No. 3716 of 2019 on the basis of the underpinning of statute under Section 10 of Cap 405.…