Judgment[1999] KECA 103
Case law
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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: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CriminalMiscellaneous Application
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…...............................................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…