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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…

…I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree…

…To satisfy the court that the defendant intends to remove his property from the jurisdiction o this court with the only intention of defeating execution of any decree that may be passed against him.…

…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.…

…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…

…satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay; and (b) such security as the Court orders for the due performance of such decree…

…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.…

…Onyango Chief Litigation Counsel in her usual forceful presentation showed on prima facie basis the grounds she hopes would secure the success of her client's intended appeal, pointing out that the extracted Decree or Order…

…The said decision will be and ishereby cancelled, and the Commission isby Mandamus commanded as above" Where an application is made for stay of execution ofappealable decree or order the Court may order stay onsufficient…

…Secondly, that there be a stay of the intended execution of the decree in this suit until further order of this court. Thirdly, that provision be made for the costs of the application.…

…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…