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…defendant finally swore in his affidavit in reply that the applicant has concealed his property with a view of defeating the plaintiff’s claim The provisions of order XX rule 11 (2) reads: “After the passing of any such decree…

…, the court may on the application of the judgement debtor and with the consent of the decree -holder or without the consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be…

…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…

…The vehicle therefore still remained the property of the judgment debtor in August, 1992 and the decree holder was entitled to have the vehicle attached and sold in execution of the decree issued against the judgment debtor…

…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.…

…The defendants did not oppose that application with the result that the court struck out the defence and subsequently judgment was entered for the plaintiff as prayed in the plaint and a decree followed.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…And sub-section 3 (so far as material) says (3) In the case of an application for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of being quashed leave shall not…

…be granted unless application for it is made not later than six months after the date of that judgment order decree conviction or other proceeding or such shorter period as may be prescribed under any written law.…

…The Advocate who is alleged to have misled the Defendant has deponed that there was no communication between him and the Defendant until after the Defendant’s goods where attached in execution of the ex parte decree.…

…thirty days for filing an appeal from a Subordinate Court:- “excluding from such period any time which the lower Court may certify as having been Requisite for the preparation and delivery to the appellant of the copy of the decree…

…Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…Secondly that the decree issued herein on 26th March, 1993 be reviewed on grounds inter alia:- "a.There has been discovery of new and important matters which after exercise of due diligence was not within the plaintiff's…

…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…

….……… RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Kisii (Aganyanya, Ag J) dated the 18th June, 1982 In Civil Suit No 72 of 1979) JUDGMENT OF HANCOX, AG J A This is a very sad case in which the…

…The judgment and decree of Aganyanya Ag J are set aside, and as Hancox Ag J A agrees, a judgment and decree awarding the plaintiff general damages of Kshs 30,000 substituted. Dated at Kisii this 29th day of March, 1983.…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…...............................................3RD RESPONDENT (Application for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal in the matter of an intended appeal from the judgment & decree…

…By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan & Stratton Advocates do pay:- (a) “the plaintiff (ie the first respondent) the costs…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…