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…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

…court which passed the decree sought to be executed, requesting such other court to stay the execution of its decree unless and until— (i)the court which passed the decree sought to be executed cancels the notice; or (ii…

…under subrule (1) (b) (ii), it shall, on the application of the creditor who has attached the decree of his judgment- debtor proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree…

…The Decree issued by the Court on 20 February 2020 relates to CR 8245. The Court has issued no other decree regarding parcel CR18245. 8.…

…The law is crystal clear that a judgment is enforced by way of a decree, and one can only make an application for the execution of a decree.…

…the decree.…

…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…

…A Decree was entered by this Court on 13th March 2019 in favour of the Respondents.…

…It is settled law that a court is obliged to give full effect to its decrees and those of superior courts, and that a party cannot be allowed to derive benefit from their own wrongful refusal to honour a court decree.…

…Order 22 Rule 6 of the Civil Procedure Rules provides as follows:- “Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions…

…Where the decree is for payment of money..... 2. save as otherwise provided by subrule (1) or by any other enactment or rule, every application for execution of a decree shall be in writing, signed by the applicant or his…

…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…

…Replying Affidavits Both applications are opposed by the Decree Holder.…

…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…

…Replying Affidavits Both applications are opposed by the Decree Holder.…

…That the decree as extracted by the 5th and 9th Defendant is incapable of enforcement; 4.…

…That once the decree is made clear the Plaintiff who has never been asked to honour the decree has no objection to the curving and transfer to the 5th and 9th Defendants respectively; 6.…

…This ruling determines the application of the 1st defendant/decree holder dated 1st September 2025.…

…The decree in aid of which the application is brought is that of 15th February 2024.…

…THAT the Court be pleased to review Order 2 of the decree herein dated 19th October, 2023 by including L.R NO. NGONG TOWNSHIP BLOCK 2/475 as part of Order 2 of the Decree dated 19th October, 2023. b.   …

…The Applicant avers that upon presenting the decree to the Land Registrar at the Kajiado Lands Registry to effect the cancellation, the Registrar declined to register the decree.…

…Holder pursuant to the Decree made on 1 st February, 2023.…

…Holder pursuant to the Decree made on 1 st February, 2023.…

…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.…

…Advocates be recognized as duly representing the Decree Holder/Applicant.…

…Regarding execution, Order 22 Rule 6 of the Civil Procedure Rules provides that: “Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under…

…At the background of the decree-holders’ quest to have the settlement agreements adopted are previous efforts by way of applications to have the decree executed. 10.…

…No explanation has been proffered why those orders which were given at the instance of the plaintiffs’ decree holders have not been executed as proposed by the decree-holders themselves. 14.…

…It was averred that the orders granted on 6th May 2024 were granted to give effect to the decree issued in this suit on 11th November 2009 that awarded the decree holder vacant possession of the suit property and that there…

…to the Court which passed the decree or made the order without unreasonable delay”. 13.…

…The 4th defendant is said to have already obtained a title to a portion of the land using a decree, but which decree the plaintiffs challenge as fake. 2.…

…never applied for review of the said decree.…

…The Decree should not be reviewed to the extent of differing with the terms of the Judgement.…

…; or b. by a decree or order from which no appeal is allowed by this Act, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit…

…There must be a decree first. It is true that the Decree may not be necessarily or always contain the ascertained costs. …

…Costs can be determined before a decree is issued or subsequently, after the Decree has been drawn.  However for one to recover costs, there must be a decree. …