Judgment[2008] KEHC 3913
Case law
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Division and case type: FamilySuccession Cause
…................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution…
…In default the stay of execution granted on 3rd October, 2008 shall lapse, and the Decree-Holder shall be at liberty to execute the decree. Those shall be the orders of the court.…
Division and case type: Environment and LandLand Case
…DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution…
…Kamaara argued that stay of execution of a money decree is not normally granted. He relied on the case of Kenya Shell Limited vs. Karuga & Another [1982-88] 1 KAR 1018 in support of his argument.…
Division and case type: Environment and LandLand Case
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: Environment and LandLand Case
…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Environment and LandLand Case
…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: FamilySuccession Cause
…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…
…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…
Division and case type: FamilySuccession Cause
…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…
Division and case type: FamilySuccession Cause
…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…
Division and case type: Environment and LandLand Case
…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…
…It is enacted as follows: “Subject to such conditions and limitations as may be prescribed, the Court may, on application of decree holder, order execution of the decree– (f) in such other manner as the nature of relief granted…