Case law
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Division and case type: CivilMiscellaneous Application
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilMiscellaneous Application
…1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay…
…of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application…
Division and case type: CivilMiscellaneous Application
…NAI. 163 OF 1999 (UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of…
…execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.…
Division and case type: CivilCivil Suit
…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…
…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…
Division and case type: CivilMiscellaneous Application
…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…
…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…
Division and case type: CivilCivil Suit
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…
…I must therefore stay execution of the order as prayed and also set it aside.…
Division and case type: CivilCivil Suit
…to the terms of the judgment, and one, Ngong/Ngong/4975, was awarded to the applicant but the respondent and his family are still living on it because by an order of this court in Nairobi Civil Application 42 of 1982 a stay…
…of execution was made with the consent of the respondent and George Roine Tito and Daniel Ndichu until the intended appeal had been heard and determined.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
Division and case type: CivilCivil Suit
…of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have been aware of the attachment and the application for stay…
…of execution made by her husband.…
Division and case type: CivilMiscellaneous Application
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…
Division and case type: CivilCivil Suit
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…
Division and case type: CivilCivil Suit
…There be stay of execution on this sum for 14 days hereof. 3. The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4.…
…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…
Division and case type: CivilMiscellaneous Application
…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…
Division and case type: CivilMiscellaneous Application
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
Division and case type: CivilCivil Suit
…A judge can under the Rules of court grant a stay of execution pending an appeal.…