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…It is said that the decree as obtained by the appellant was erroneous.…

…It is apparent that the applicant followed up with Deputy Registrar who issued a fresh decree. 11. It is clear from the decree the outstanding sum as of 14 th October, 2025 stood at Ksh 817,902/=.…

…First, the respondents admitted liability and, secondly, they did not challenge the decree which meant that the judge could not order that payment of the amount decreed be postponed or made by instalments without the consent…

…the decree.…

…From the annextures to the application dated 25th October, 2024 seeking for stay of execution of decree in the lower court and costs assessed in this court, the Appellant/Applicant has already paid the costs assessed in this…

…Concerning the application of execution of decree of the lower court, only the lower court can execute its decree and in addition, as there is no appeal pending, only the lower court can stay execution of the decree that…

…The appellant submitted that the decree before the trial court was silent on further interest on the aggregate sum from the date of the decree to the date of payment and that section 26(2) of the Civil Procedure Act applied…

…The power of the court to award interest is derived from section 26 of Civil Procedure Act which provides as follows: 26(1) Where and in so far as a decree is for the payment of money, the court may, in the decree, order…

…(a) by a decree or order form which an appeal is allowed, but from which no appeal has been preferred or (b) by a decree or order from which no appeal is hereby allowed, and who from the discovery of new and important matter…

…on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree or order, may apply for a review of the decree or order, may apply for a review of judgment to the court which passed…

…He states that the Applicant fully participated in the proceedings and hence the allegation in the memorandum of Appeal that he was not heard are untrue; that the decree is a money decree and hence no harm or substantial…

…The only issue for determination is whether the Applicant has satisfied the conditions for staying a decree or order pending Appeal. 4.…

…Execution of the decree sought to be appealed against would somewhat complicate that pursuit of justice, for if the decree executed before he is heard his appeal is heard his appeal would be imperilled.…

…It may be more just to have the decree stayed, so that status quo is preserved, awaiting hearing of appeal, which has already been filed. 8. However, the respondent has a decree. The trial court found in his favour.…

…There is no stay of execution of the Decree in favour of the Respondent. The Respondent has carted the goods of the Appellant on 25th April 2025 and will definitely sell the same in execution of the Decree. g.…

…It is not a burden placed upon decree holders to prove that they can refund the decretal sum. It is the appellant who alleges that the decree holder is a man of straw to demonstrate that fact.…

…The jurisdiction to review an order or decree is conferred by Section 80 of the Civil Procedure Act, which provides that any person considering himself aggrieved by a decree or order from which no appeal lies may apply for…

…In the circumstances, execution of the decree for the full sum of Kshs. 1,000,000/= without regard to the valuation condition in the decree would expose the Appellant to the real and immediate loss of its office equipment…

…is passed, or their representatives, and relating to execution, discharge or satisfaction of the decree, should be determined by the court executing the decree, and not by a separate suit.…

…of the decree, shall be determined by the court executing the decree and not by a separate suit.” 10.…

…Further, that in any event the decree in question is a money decree of which stay cannot be granted. 5.…

…No. 322 of 2006 (UR 178/06) stated thus: - “The decree is a money decree and normally the courts have felt that the success of the appeal would not be rendered nugatory if the decree is a money decree so long as the court…

…is passed, or their representatives, and relating to execution, discharge or satisfaction of the decree, should be determined by the court executing the decree, and not by a separate suit.…

…of the decree, shall be determined by the court executing the decree and not by a separate suit.” 10.…

…judgment to the court which passed the decree or made the order without unreasonable delay. 9.…

…. (1) Any person considering himself aggrieved— (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a decree or order from which no appeal is hereby allowed. and…

…The Court must reconcile the appellant’s right to pursue the appeal with the decree-holder’s corresponding right to the benefit of the decree. 28.…

…The decree presently before the Court is monetary. Ordinarily, satisfaction of a money decree does not render an appeal nugatory where the respondent is capable of refunding the amount should the appeal succeed.…

…Even then, even without a copy of the extracted formal decree, the appeal would still have been competent, for the decree of the court is in the judgement, which the trial court pronounced on 21st August 2024.…

…The formal decree is extracted from the judgement. The decree is part of the judgement.…

…The respondent contend that the record of Appeal is defective as it does not contain the decree appealed against. The issue of the decree goes to the issue of jurisdiction which must be determined in limine.…

…The list does not include the decree appealed against thus lending credence to the respondents submission that the appeal is defective.…

…The Respondent states that it is indeed true that the Respondent has been issued with an application for execution of decree, warrants of sale of movable property in execution of decree for money and warrants of attachment…

…On whether an order of stay of execution of the ruling and decree in Mombasa Small Claims No.…

…The Honourable Court be pleased to review, vary and/or adjust the decree issued herein on 19 th October 2022.…

…The decree holder cannot be coming back to court to have the decree adjusted or varied every time part payment or partial execution is done.…

…Bridgelake Auctioneers Services be set aside and an order be issued prohibiting any such subsequent mode of execution in enforcement of the decree by way of attachment of the said motor vehicle. d) That the decree-holder…

…of Intention to Proceed thus it could be deemed that the objector had not initiated the objection proceedings and the decree holder was at liberty to proceed with execution. 12.…