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…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.…

…holder herein.…

…Learned Counsel for the Appellant/Decree Holder/Respondent urged this court not to allow the objections for reasons that; firstly, the same are incompetent as they were not filed upon the judgment debtor in whose name the…

…holder.…

…Stay of execution is granted on condition that the garnishee releases to the decree holder the sum held on account of the judgment debtor to the decree holder forthwith and in any event not later seven days of the date of…

…The Preliminary Objection contends that the application has been overtaken by events because the decretal sum has already been paid over to the decree-holder.…

…The 1st Respondent contends that the application is incompetent because the decretal sum has already been received, applied, and disbursed to the decree-holder.…

…The Decree Holder and Auctioneer were both served with the application and hearing notice on 15 th September 2025 but filed no response nor attended the hearing. The motion therefore proceeded unopposed.…

…Applicant’s Case The Applicant avers that this Court delivered judgment on 03 rd April 2025, awarding the Decree Holder KES. 1,242,372.…

…That there be restraining orders against the decree-holder from illegally/unlawfully restraining/holding the motor vehicle registration number KDN 710M Nissan X-Trail.…

…That the costs of this application be met by the decree-holder. The trial magistrate found that the application dated 15/7/2024 was merited and granted the orders sought.…

…holder. 10.…

…Instead, the decree holder directly commenced Miscellaneous Application No. E996 of 2024 before a different court. 24.…

…holder. 10.…

…Instead, the decree holder directly commenced Miscellaneous Application No. E996 of 2024 before a different court. 24.…

…These lapses are not cosmetic but fundamental and the decree holder and auctioneer are required to adhere to them faithfully. 11.…

…The execution of the decree is also stayed pending compliance with this Orders by the decree holder. c.…

…It was submitted that the Interested Party, as the decree holder in Naivasha Misc.…

…In this case, the Interested Party is the decree holder. 50.…

….………….2 nd PLAINTIFF/JD VERSUS APA INSURANCE LIMITED………………… DEFENDANT/DECREE HOLDER AND SAFARICOM LIMITED PLC……………………………………..1 st GARNISHEE SPIRE BANK LIMITED……………………………………..…….2 nd GARNISHEE J U D G M E N T A.…

…, and upon affidavit by the decree-holder or his advocate, stating that a decree has been issued and that it is still unsatisfied and to what amount, and that another person is indebted to the judgment debtor and is within…

…holder.…

…The 1 st garnishee to further transfer Kshs 1,176,967.40 from the judgment debtor’s account number 0112005466900 to the decree holder.…

…KCB BANK KENYA LIMITED…………………………...GARNISHEE/APPELLANT AND SALIM MKALA MWANDOE………...........1 ST RESPONDENT/DECREE HOLDER AFRICA MERCHANT ASSURANCE CO.…

…Third that the learned trial magistrate shifted the burden of proof from the Decree Holder to the Garnishee. 12.…

…KCB BANK KENYA LIMITED…………………………...GARNISHEE/APPELLANT AND SALIM MKALA MWANDOE………...........1 ST RESPONDENT/DECREE HOLDER AFRICA MERCHANT ASSURANCE CO.…

…Third that the learned trial magistrate shifted the burden of proof from the Decree Holder to the Garnishee. 12.…

…The Court appreciates that a decree holder is not required to prove his wealth every time a stay application is filed. Such an approach would unfairly burden successful litigants.…

…Rather, it is a mechanism through which the Court protects the legitimate interests of the decree holder during the pendency of an appeal. 30. In Focin Motorcycle Co.…

…The learned Magistrate erred in law and misdirected herself in law in finding and holding that the Appellant as decree holder, could not pursue the Respondent JULIUS MWANIKI to settle any part of the decrement amount; b.…

…The Decree holder is at liberty to elect to recover the full amount of the debt from any one of the judgment creditors or recover a share from each or any of them.…

…- holder out of his money.…

…A bare statement that the decree-holder may not refund the decretal sum is not, without more, sufficient proof of substantial loss.…

…The reason that a court requires a party granted a stay of execution of a decree, to deposit security, is that the deposit balances the right of the Appellant to appeal, with the successful decree holder/ Respondents’ right…

…Secondly, it guarantees that the Decree Holder/ Respondent can readily access the decretal sum were the appeal to fail.…

…The 1st Respondent was the Plaintiff and Decree-Holder. The 2nd Respondent was the Defendant and Judgment-Debtor. Background Facts 3.…

…The Appellant maintained that the burden of proving availability of funds rested on the Decree-Holder.…