Case law
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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
…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
…satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay; and (b) such security as the Court orders for the due performance of such decree…
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
…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…