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…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.…

…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.…

…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.…

…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.…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

…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…

…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…

…...................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…

…..................................................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.…

…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…

…That the 3rd Respondent has disobeyed the decree and that the Decree Holder fears that if the court does not intervene in the matter, the process of administration of justice will suffer and that the Decree Holders may be…

…It is clear that he Land Registrar despite having been served with the Decree has to date not complied. Though no timelines were given in the decree for compliance, the Land Registrar ought to have complied forthwith.…

…The decree and certificate of costs were issued on 9th March 2023 and 5th July 2023 respectively That despite several reminders the decree and certificate of costs remain unsatisfied to date.…

…That the actual market value of the properties is much more than the decree.…

…decree or order, may apply for a review of the Judgment to the Court which passed the decree or made the order without unreasonable delay.” 13.…

…In regard to matters of interest rate, Section 26 of the Civil Procedure Act provides as follows: “(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate…

…The Petitioner submitted that the judgment and decree of this court were served upon the 1st Respondent. The Petitioner submitted that the judgment and the decree were binding upon the 1st Respondent and its officers.…

…In disregard of the said judgment and decree, the 1st Respondent trespassed on the suit property, Title No.…

…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.…

…of Motion dated 30th April 2024 under inter alia, Section 15(11) of the Land Commission Act No. 5 of 2012 (The NLC Act herein) for orders that;  (a) The Honourable court be pleased to correct the judgment and subsequent decree…

…Furthermore, Order 45 Rule 1 (supra) provides that: (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…

…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 who…

…the decree or made the order without unreasonable delay. (2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where…

…Through its Decree issued on 7th August, 2019, the Court found in favour of the Petitioners/Decree-Holders, and determined that the Respondents’ acquisition of the Petitioners/Decree-Holders suit properties was carried out…

…THE PETITIONERS/DECREE-HOLDERS’ CASE The Petitioners/Decree-Holders contended that the Respondents have neglected and/or failed to settle the costs, and the Certificate of Taxation remains unsatisfied to the tune of Kshs.8,314,364…