Case law
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Division and case type: CivilCivil Case
…that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs 25,000/-; the defendant was given liberty to file a counter claim and the execution…
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…
Division and case type: CivilCivil Case
…Ransley on the 19th November, 1986 and filed herein on that date it is deponed in paragraphs 3, 4 and 5 as follows- “That I spoke to Alnoor Kassam the Managing Director of the Diners Club for whom we also acted prior to the execution…
…The members register had however been completed pursuant to the preparation and execution of share transfers in respect of the majority of the shares. The shares therefore appeared to be property of Xzit Ltd.…
Division and case type: Milimani Commercial CourtsCivil Case
…As a matter of legal right, the Plaintiff was entitled to be given a legal explanation of the contents of the charge prior to her execution in consonance with the law hence the mandatory legal requirement for certification…
…Accordingly, either her signature as appears on the charge document may have been procured by undue influence and misrepresentation or the charge document was maliciously changed after her execution. viii.The charge is accordingly…
Division and case type: CivilCivil Case
…This is also shown in a document made out by the court broker who failed to levy the execution in one of the decrees which I have refered to above.…
Division and case type: CivilCivil Case
…It is common ground that Kshs.50,000/= was paid upon execution of the agreement leaving a balance of Kshs.70,000/= which has not been paid to this day.…
Division and case type: CivilCivil Case
…Secondly, that there be a stay of the intended execution of the decree in this suit until further order of this court. Thirdly, that provision be made for the costs of the application.…
Division and case type: CivilCivil Case
…If this is so the same should have been filed in court for purposes of execution. Dated and Delivered at Nairobi this 4th July4, 1989, B.K. TANUI …………… JUDGE…
Division and case type: CivilCivil Case
…The terms of this agreement were that the purchase price would be Sh.66,000/= of which Sh. 20,000/= was paid on the date of execution of the agreement; 30,000/= on the date of the meeting of the Land Control Board and the…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…
Division and case type: CivilCivil Case
…LAIKIPIA/NYAHURURU/1950 and in default execution proceedings to issue.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…
Division and case type: CivilCivil Case
…was sought, the three remaining partners with one Jeremiah Kamau Gitau entered into a sale agreement to sell the said property to the first defendant for Shs 450,000/- of which they were paid a deposit of Shs 45,000/-, on execution…
Division and case type: Milimani Commercial CourtsCivil Case
…apparent on the face of the record as the orders of 12th May 2000 were granted on an application which by law is supposed to be exparte; that the order to request help from the OCPD was proper as his help was needed in an execution…
Division and case type: CivilCivil Case
…their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution…
Division and case type: Milimani Commercial CourtsCivil Case
…It is clear that by the time the lease was registered after execution everything was lawfully complied with:- (1) Mainly on 20.11.2000 – Registration of transfer to the plaintiff; (2) On 18.4.2001 registration of lease for…
…The defendant stated:- “We have no objection subject to and on condition that the parties do execution a replacement lease to be registered simultaneously with the lease.”…
Division and case type: CivilCivil Case
…At the time of its execution the plaintiff was a mere bank clerk. He was after his confirmation promoted severally.…
Division and case type: CivilCivil Case
…He may be embarrassed in the execution of his instructions, presentation of fair judgment, fulfillment of his duty to the Court, and carrying the responsibility of truth as a deponing witness.…