Search court decisions

…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…

…It is analogous to the series of cases, which occur with disturbing frequency and with which this Court is becoming increasingly concerned, where the wrong person’s goods are attached in execution of a court warrant.…

…For my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or…

…and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000/= upon the execution…

…The order for accelerated execution of the decree was not asked for and the appellant had no opportunity to oppose it and, with respect, it should not have been made. It must be set aside.…

…These orders for interest and execution before taxation apart, the learned judge, in my view, reached the right conclusion and the appeal should be dismissed with costs.…

…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…

…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…

…Of this amount a sum of Sh.700,000/= was paid upon the execution of the agreement and the balance was payable in two instalments of Sh.200,000/= and Sh.100,000/= on dates therein stated. The first instalment was paid.…

…This court is not minded to think that any section of the Kitui Muslims stands to be prejudiced by the execution of this award. It should be used as the basis it was meant to be.…

…Upon execution of the agreement, the appellant handed in cheque No 302875 for KShs 200,000 dated March 1, 1987.…

…Sections 109 and 110 of the Act respectively provides for the execution of these instruments and verication of their execution.…

…After the judgment of Masime, J delivered on July 21, 1981 Mr Russell successfully applied for a stay of execution pending appeal which was granted on January 14, 1982, after which the present Defendants appear on the scene…

…In the meantime, the interpleader action had been commenced in 1980 and had been decided in July 1981, although execution was stayed on January 14, 1982, so therefore Mr Russell was able to continue to appear as a registered…

…expenses for the same”(emphasis mine). 15.As the Bank had already released the title deed to the borrower, it is only the deceased’s advocate who could prepare the discharge of charge and forward the same to the Bank for execution…

…Textiles) Ltd [1976] AC 443 held that - “Considering the Miliango’s case and the time factor between the date of accrual of damages, the filing of the suit and the time of obtaining judgment and possible appeal and time for execution…

…The execution of a legal document is a matter of fact. It is either executed or not executed.…

…I would also order that if the suit land has been registered in the name of the respondent in execution of the decree, the Land Registrar, Mombasa, do cancel this registration and reinstate as proprietors all the persons…

…required to take, in the following words in the case of a judgment or order requiring a person to abstain from doing an act: “If you, the within named A B disobey this judgment (or order) you will be liable to process of execution…

…In Shah’s case the Court on 23rd May, 1990, granted an interim order staying execution of the order of eviction pending hearing of the application inter partes on Friday 25th May, 1990, at 9.00 am.…

…Prior to the execution of this agreement the respondent had operated the station under a temporary arrangement for 16 ½ months.…

…may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution…

…We were informed that the superior court has granted an order for stay of execution or further proceedings pending the hearing and determination of this appeal on condition that two cement manufacturing companies earlier…

…concerning his claim against the appellant, it was evident that by a copy of a letter addressed to the insured, Pauline W Kimuyu, and dated 10th May, 1990 Messrs Wanjira & Company, Advocates acting on his behalf and in execution…

…summary and 'Ad hoc' determination of points of law or construction or of certain questions of fact, or for the obtaining of specific directions of the court, such as trustees, administrators, or (as here) the court's own execution…