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 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 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: Constitutional and Human RightsPetition
…He has said on oath that no stay was ever granted in respect of the rest of the decree for payment of arrears of rent and mesne profits.…
…However, Mr Esmail has conceded that the debtor had filed an appeal but it is only against the order for possession and not against the money 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: CivilCivil Case
…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…
…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…
Division and case type: CivilCivil Case
…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: CivilCivil Case
…I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree…
…To satisfy the court that the defendant intends to remove his property from the jurisdiction o this court with the only intention of defeating execution of any decree that may be passed against him.…
Division and case type: CivilCivil Case
…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…
…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…
Division and case type: CivilCivil Case
…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: CivilCivil Case
…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…
…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…
Division and case type: Constitutional and Human RightsPetition
…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…
…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…
Division and case type: CivilCivil Case
…Subsequently a decree was drawn up and issued.…
…compromise of suits” the following passage is found:- “It would seem that the proper procedure in cases where forfeiture clause is in the form ... is to enforce the forfeiture not by an application to execute the consent decree…
Division and case type: Constitutional and Human RightsPetition
…I therefore dissolve the marriage the subject of this Petition and direct that Decree Nisi issues forthwith to be made absolute in 3 months. Cost not ordered. Dated this 11th Day of December, 2000. A.I. HAYANGA JUDGE…