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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…

…That the 3rd Respondent has disobeyed the decree and that the Decree Holder fears that if the court does not intervene in the matter, the process of administration of justice will suffer and that the Decree Holders may be…

…It is clear that he Land Registrar despite having been served with the Decree has to date not complied. Though no timelines were given in the decree for compliance, the Land Registrar ought to have complied forthwith.…

…The decree and certificate of costs were issued on 9th March 2023 and 5th July 2023 respectively That despite several reminders the decree and certificate of costs remain unsatisfied to date.…

…That the actual market value of the properties is much more than the decree.…

…decree or order, may apply for a review of the Judgment to the Court which passed the decree or made the order without unreasonable delay.” 13.…

…In regard to matters of interest rate, Section 26 of the Civil Procedure Act provides as follows: “(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate…

…The Petitioner submitted that the judgment and decree of this court were served upon the 1st Respondent. The Petitioner submitted that the judgment and the decree were binding upon the 1st Respondent and its officers.…

…In disregard of the said judgment and decree, the 1st Respondent trespassed on the suit property, Title No.…

…He has said on oath that no stay was ever granted in respect of the rest of the decree for payment of arrears of rent and mesne profits.…

…However, Mr Esmail has conceded that the debtor had filed an appeal but it is only against the order for possession and not against the money decree.…

…of Motion dated 30th April 2024 under inter alia, Section 15(11) of the Land Commission Act No. 5 of 2012 (The NLC Act herein) for orders that;  (a) The Honourable court be pleased to correct the judgment and subsequent decree…

…Furthermore, Order 45 Rule 1 (supra) provides that: (1) Any person considering himself aggrieved— (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a decree or…

…Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a decree or order from which no appeal is hereby allowed. and who…

…the decree or made the order without unreasonable delay. (2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where…

…Through its Decree issued on 7th August, 2019, the Court found in favour of the Petitioners/Decree-Holders, and determined that the Respondents’ acquisition of the Petitioners/Decree-Holders suit properties was carried out…

…THE PETITIONERS/DECREE-HOLDERS’ CASE The Petitioners/Decree-Holders contended that the Respondents have neglected and/or failed to settle the costs, and the Certificate of Taxation remains unsatisfied to the tune of Kshs.8,314,364…

…Thereafter, the Chief Magistrate’s Court adopted the decision of the Land Disputes Tribunal through its Decree dated 05.11.2001.…

…In the Court’s considered view, the issuance of the Decree dated 26.10.2021 was proper as it was based on the initial Decree issued on 05.11.2001 which had been stayed pending the hearing and determination of the Appeal before…

…Deceased represented by the Petitioner/Applicant and the family of John Juma Osore, now Deceased represented by the 5th and 6th Respondents herein in terms of the Judgment of the Court and more particularly, the Amended Decree…

…In the affidavit, the Applicant contends that subsequent to the filing of the petition herein, the court rendered judgement and issued an Amended decree on 26/07/2022.…

…He further stated that there was no personal service of the decree and the decree does not bear the requisite penal notice.…

…The respondents contend that the individual persons cited were not served personally with the Decree. 59.…

…The deponent averred as follows that:- a) The 1st Plaintiff/Applicant was…….. b) The Respondent made an application for issuance of a decree on 2nd December 2024 and was also issued with a decree for money on the same day…

…under the decree.…

…The deponent of the supporting affidavit states that the 3rd respondent got to know of the petition after it was served with the decree issued by the court pursuant to the judgment it seeks to be set aside.…

…However, the deponent does not state when he was served with the decree, yet that is very important for determining whether the application was filed without in ordinate delay. I will come to this point later. 4.…

…The Application is supported by the annexed Affidavit sworn by Arthur Kamau Kariuki, where he deponed that on the 7th November, 2019 Primeways Company Limited had been served through its advocates with a court decree ordering…

…The Petitioner/Applicant stated that the Land Registrar Naivasha had also acknowledged receipt of the same decree on the 22nd October, 2019. The decree required vacant possession of the Land Parcels L.R.…

…preferred; 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…

…by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or b.   …

…The Respondent has initiated the execution process where the Respondent has taxed their bill of costs to prepare decree for purpose of execution.…

…This is a money Decree. Therefore the principles that apply in applications seeking to stay execution of money Decrees apply fully in this matter.…

…Possession was ordered in the decree dated 16/6/2011 in the SRM’s court, and he was put into possession thereof by an auctioneer.…

…land by way of execution of that decree.…

…The Respondent has initiated the execution process where the Respondent has taxed their bill of costs to prepare decree for purpose of execution.…

…This is a money Decree. Therefore the principles that apply in applications seeking to stay execution of money Decrees apply fully in this matter.…