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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…

…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.…

…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…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…

…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…

…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.…

…NAI 64 of 1992 (unreported) that if the circumstances of the case so demand a stay order can be granted even in respect of money decrees.…

…RESPONDENT (Application for extension of time to file an intended appeal from the Judgment & Decree of the High Court of Kenya at Nairobi (Justice Juma) dated 7th November, 1996 in H.C.C.C.…

…I therefore dissolve the marriage the subject of this Petition and direct that Decree Nisi issues forthwith to be made absolute in 3 months. Cost not ordered. Dated this 11th Day of December, 2000. A.I. HAYANGA JUDGE…

…Finally, I direct that a decree nisi do issue today, and the same to be made absolute within a period of one month from today. Dated at Nairobi this 31st day of October, 2002. JOYCE ALUOCH HIGH COURT JUDGE…

…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…

…The defendant refused to approve the decree saying it was not a liquidated amount and the registrar had no power to enter judgment in default.…

…I therefore make the following orders: - 1) The marriage solemnized herein between the parties at the Registrar’s office Nairobi on 8/3/1975 be and is hereby ordered to be dissolved. 2) The decree nisi shall issue forthwith…

…the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment (Decree…

…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…