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: 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: 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 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 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 Case
…VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree…
Division and case type: Environment and Land CourtCivil Suit
…court which passed the decree sought to be executed, requesting such other court to stay the execution of its decree unless and until— (i)the court which passed the decree sought to be executed cancels the notice; or (ii…
…under subrule (1) (b) (ii), it shall, on the application of the creditor who has attached the decree of his judgment- debtor proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree…
Division and case type: Environment and Land CourtCivil Suit
…The Decree issued by the Court on 20 February 2020 relates to CR 8245. The Court has issued no other decree regarding parcel CR18245. 8.…
…The law is crystal clear that a judgment is enforced by way of a decree, and one can only make an application for the execution of a decree.…
Division and case type: High Court CivilCivil Suit
…the decree.…
…In opposition, Ms Onyango for the Decree Holders argued that the Applicant sued and obtained judgment against the Decree Holders which was reduced on appeal after payment had been made; that the Decree Holders filed for refund…
Division and case type: Environment and Land CourtCivil Suit
…A Decree was entered by this Court on 13th March 2019 in favour of the Respondents.…
…It is settled law that a court is obliged to give full effect to its decrees and those of superior courts, and that a party cannot be allowed to derive benefit from their own wrongful refusal to honour a court decree.…
Division and case type: Environment and Land CourtCivil Suit
…Order 22 Rule 6 of the Civil Procedure Rules provides as follows:- “Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions…
…Where the decree is for payment of money..... 2. save as otherwise provided by subrule (1) or by any other enactment or rule, every application for execution of a decree shall be in writing, signed by the applicant or his…
Division and case type: High Court CivilCivil Suit
…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…
…Replying Affidavits Both applications are opposed by the Decree Holder.…
Division and case type: High Court CivilCivil Suit
…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…
…Replying Affidavits Both applications are opposed by the Decree Holder.…
Division and case type: Environment and Land CourtCivil Suit
…That the decree as extracted by the 5th and 9th Defendant is incapable of enforcement; 4.…
…That once the decree is made clear the Plaintiff who has never been asked to honour the decree has no objection to the curving and transfer to the 5th and 9th Defendants respectively; 6.…
Division and case type: High Court CivilCivil Suit
…This ruling determines the application of the 1st defendant/decree holder dated 1st September 2025.…
…The decree in aid of which the application is brought is that of 15th February 2024.…
Division and case type: Environment and Land CourtCivil Suit
…THAT the Court be pleased to review Order 2 of the decree herein dated 19th October, 2023 by including L.R NO. NGONG TOWNSHIP BLOCK 2/475 as part of Order 2 of the Decree dated 19th October, 2023. b. …
…The Applicant avers that upon presenting the decree to the Land Registrar at the Kajiado Lands Registry to effect the cancellation, the Registrar declined to register the decree.…