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…DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit. The application is brought under order XXI r 56 of the Civil Procedure Code.…

…The issue I have to determine is whether the motor vehicle should remain attached in execution of the decree.…

…DEFENDANT R U L 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…

…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.…

…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.…

…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.…

…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.…

…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…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…