Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That…
Division and case type: CivilCivil Case
…He then proceeded to decree that possession be given to the plaintiff forthwith.…
…There is a decree on record. It is a final determination of the matter, which was in controversy. It remains a decree of this Court unless and until it is set aside. It binds the defendant until it is set aside.…
Division and case type: CivilCivil Case
…He then proceeded to decree that possession be given to the plaintiff forthwith.…
…There is a decree on record. It is a final determination of the matter, which was in controversy. It remains a decree of this Court unless and until it is set aside. It binds the defendant until it is set aside.…
Division and case type: CivilCivil Case
…He then proceeded to decree that possession be given to the plaintiff forthwith.…
…There is a decree on record. It is a final determination of the matter, which was in controversy. It remains a decree of this Court unless and until it is set aside. It binds the defendant until it is set aside.…
Division and case type: Milimani Commercial CourtsCivil Case
…An order staying the execution of the decree issued by the court on April 7, 1986. 2.…
…and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed for the sale of goods attached in the suit to recover the amount of the decree…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…
Division and case type: CivilCivil Appeal
…......................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment and decree…
Division and case type: CivilCivil Case
…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…
…In his affidavit decree holder asserted that the objection to the attachment is a fictitious one.…
Division and case type: CivilCivil Appeal
….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…
Division and case type: CivilCivil Case
…On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered. A mentions date was taken for November 11, 1984.…
…emanating from various ends there was an excess payment of Kshs 54,535.55 not accounted for and which ought to be refunded to him; Mr Simba annexed to his letter certain vouchers the effect of which are that the counsel for the decree…
Division and case type: CivilCivil Case
…...................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree…
…this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge, or could not be produced by him at the time when the decree…
Division and case type: CivilCivil Appeal
…......................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment and decree…
Division and case type: CivilCivil Appeal
….………….RESPONDENT (Appeal from a decree of the High Court of Kenya a MERU (Justice Ong’udi C.O) dated 19th October, 1995 IN H.C.C.A.…
Division and case type: CivilCivil Appeal
…KWACH & OMOLO JJ A ) CIVIL APPEAL NO 159 OF 1994 BETWEEN CAR & GENERAL (K) LIMITED ...........................APPELLANT AND DIAMOND TRUST OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree…
…Car & General (K) Ltd, the appellant herein had obtained a decree from the Court of the Resident Magistrate, Mombasa against Four Seasons Resort Ltd.…
Division and case type: CivilCivil Case
…..................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree…
…The applicant may also be required to provide security for due performance of such decree or order as may ultimately be binding on the applicant.…
Division and case type: CivilCivil Appeal
…Judgment having been entered and before execution, a decree has to be issued. Execution is therefore based on the decree. It is the amount in the decree that should be considered as correct for the purpose of execution.…
…The appellant should attack the decree and not the figure he considers the judgment was entered for. I have been in pains to go through the original record to see ……. a mistake in entering judgment.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…
…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…
Division and case type: CivilCivil Appeal
…BERNARD KIARIE....................................................................APPELLANT VERSUS THUKU NJOROGE................................................................RESPONDENT (Being an appeal from the judgment and decree…