Judgment[1983] KECA 26
Case law
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Division and case type: CivilCivil Appeal
…If, however, at the passing of the decree the judgment debtor is within the precincts of the court, the holder of a decree for payment of money may apply orally for immediate execution of it by arrest of the judgment-debtor…
…First, the judgment debtor who did not contest the suit at any stage and finds his vehicle worth Kshs 300,000 attached and sold in satisfaction of a decree for Kshs 2,000.…
Division and case type: CivilCivil Case
…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…
…Firstly, he relies on the judgment debtor’s own handwritten letter dated 27th November (Exh FGMI) in which, inter alia, he had said: “I request you to instruct the auctioneer to release my vehicle as I have agreed and I am…
Division and case type: CivilCivil Appeal
…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…
…As regards the failure to serve notice of appeal on the judgment-debtor Mr Satish Gautama for the appellant submitted that the judgment debtor did not show any interest in the proceedings in the superior court, and judgment…
Division and case type: CivilCivil Suit
…consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest, the attachment o f the property of the judgment…
…debtor or taking of security from him or otherwise, as it think fit” It is clear that the power donated under this rule is discretionary.…