Case law
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Division and case type: High Court CivilCivil Suit
…In opposition, Ms Onyango for the Decree Holders argued that the Applicant sued and obtained judgment against the Decree Holders which was reduced on appeal after payment had been made; that the Decree Holders filed for refund…
…He must have a plan that can be tabled before the decree holders for discussion. The Decree holders are validly pursuing recovery of the funds due to them.…
Division and case type: High Court CivilCivil Suit
…done by the Decree Holder on behalf of the Judgment Debtor.…
…The Decree Holder has therefore urged that the Application be allowed as prayed.…
Division and case type: High Court DivCivil Suit
…no longer had conduct of any matter on behalf of the Decree Holder.…
…Decree Holder’s submissions 22. Counsel Kivuva, appearing for the Decree Holder, also commenced his submissions with an introduction and brief background to the matter.…
Division and case type: High Court CivilCivil Suit
…Replying Affidavits Both applications are opposed by the Decree Holder.…
…for the alleged demolition of the Decree Holder’s structures situated on Block NBI/BLC 93/1418.…
Division and case type: High Court CivilCivil Suit
…Replying Affidavits Both applications are opposed by the Decree Holder.…
…for the alleged demolition of the Decree Holder’s structures situated on Block NBI/BLC 93/1418.…
Division and case type: High Court CivilCivil Suit
…This ruling determines the application of the 1st defendant/decree holder dated 1st September 2025.…
…Its purpose is to enable a decree holder whose money decree remains unsatisfied to ascertain whether the judgment debtor has, and if so what, property or means of satisfying the decree.…
Division and case type: High Court DivCivil Suit
…The trial court herein entered judgment for the Defendant/ Decree Holder in the sum of Kshs. 9,309,657.50 with interest from the date of filing the counter claim.…
…The Decree Holders submissions are dated 7th October 2025.…
Division and case type: Environment and Land CourtCivil Suit
…The Decree Holder/Applicant, Richard Kipserem Sugut through Cheruiyot Melly and Associates Advocates commenced an application dated 25th May 2026 against the respondent for the following orders; a) That, this Honourable Court…
…of the Plaintiff (now Decree Holder) as the owner of 2.08 acres out of land parcel number Nandi/Chepterit/794 within the time so enlarged. c) That, the costs of this application be provided for. 2.…
Division and case type: CivilCivil Suit
…Another requirement of that order nisi on the Garnishee is that the should attend the court on the application by the decree holder on October 23, 1990, and that the Garnishee pays to the decree holder the debt due from the…
…This is more so when the Garnishee swears that no debt is due from it to the judgement debtor and that has not been contradicted by the decree holder.…
Division and case type: High Court CivilCivil Suit
…Under determination is the Notice of Motion dated 30/10/2025 (the Motion) filed by Elijah Okenye Kenyanya T/A Bono Agencies (the Decree Holder).…
…He admitted owing the Decree Holder; that he is in the process of reviving the Judgment Debtor and that once the Judgment Debtor becomes active, he will take steps to settle the sums owed to the Decree Holder. 9. Mr.…
Division and case type: High Court DivCivil Suit
…holder’s advocates. ii.…
…The 1st Interested Party filed submissions dated 9th October 2025, while the Decree holder’s submissions are dated 1st October 2025.…
Division and case type: High Court CivilCivil Suit
…The decree holder’s response 6. The 1st defendant/decree holder opposes the objection through the replying affidavit of Jawaid Ali, a director and shareholder of the 1st defendant, sworn on 1st October 2025.…
…The decree holder prays that the objection be dismissed with costs. Issues for determination 7.…
Division and case type: Environment and Land CourtCivil Suit
….…… 1ST DECREE HOLDER TILAPIA BEACH RESORT LIMITED ..……….…2ND DECREE HOLDER AND KENYA RAILWAYS CORPORATION ........1ST JUDGEMENT HOLDER COUNTY GOVERNMENT OF KISUMU …. 2ND JUDGEMENT HOLDER THE HONORABLE THE ATTORNEY GENERAL…
…It was the 1st Respondent’s that the mode of execution adopted by the Decree-Holder was not available as against the 1st Respondent.…
Division and case type: Environment and Land CourtCivil Suit
…Application Hamco Limited the Decree holder herein has come to this court with a Notice of Motion dated 20th February 2025 seeking orders that the Honorable Court be pleased to issue an order of eviction of the Judgment debtor…
…The Judgment Debtor/Respondent be ordered to pay the costs of the eviction exercise that may be incurred by the Decree Holder Applicant. Any other relief that the Court may deem fit to grant.…
Division and case type: Environment and Land CourtCivil Suit
…The Decree Holder/Applicant/Plaintiff, ESther Jeptanui Lagat through Limo R.K and Company Advocates commenced an application by way of the Notice of Motion dated 19th May 2026, for orders, inter alia, summons to the 2nd and…
…The Decree Holder/applicant/plaintiff has freely and voluntarily agreed to withdraw the entire application. 6.…
Division and case type: Environment and Land CourtCivil Suit
…It is based on the following grounds that the matter herein was duly heard and determined and Judgment therein meritoriously entered on the 19th October 2022 in the following terms; The Decree Holder/Applicant proceeded and…
…It is undeniable that the Decree Holder/Applicant has extended a tremendous amount of time and grace to the Judgment Debtor/Respondent to comply with the said Judgment and decree to no avail.…
Division and case type: High Court CivilCivil Suit
…Supplementary Affidavit In her Supplementary Affidavit, the Plaintiff/Decree Holder refuted the above averments, stating that: i.…
…Under Section 38 of the Civil Procedure Act , a Decree Holder is entitled to choose any lawful mode of execution until the Decree is fully satisfied.…
Division and case type: Environment and Land CourtCivil Suit
…Advocates be recognized as duly representing the Decree Holder/Applicant.…
…Priscillah Wanja Kibui, the decree holder and applicant on behalf of the estate of Mary Wangechi Kibui (Deceased), through Equity Bank, Nyeri Branch, Account No. 0110100192884, and to grant the decree holder exclusive control…
Division and case type: High Court DivCivil Suit
…What is before this court is a Notice of Motion dated 21st April 2026, by which the Plaintiff/Decree Holder seeks orders: i.…
…Upon extraction of the decree, the Decree Holder proceeded to execute, and the first warrants of attachment issued were in the sum of KShs. 42,767,257.…
Division and case type: Environment and Land CourtCivil Suit
…She states that the decree holders have not presented proof of fraud or improper incorporation, relying instead on unsubstantiated claims.…
…holders as envisaged by Order 22 Rule 35 of the Civil Procedure Rules, and not by any other means and this law states thus: - “Where a decree is for the payment of money, the decree- holder may apply to the court for an…