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…He then proceeded to decree that possession be given to the plaintiff forthwith.…

…There is a decree on record. It is a final determination of the matter, which was in controversy. It remains a decree of this Court unless and until it is set aside. It binds the defendant until it is set aside.…

…He then proceeded to decree that possession be given to the plaintiff forthwith.…

…There is a decree on record. It is a final determination of the matter, which was in controversy. It remains a decree of this Court unless and until it is set aside. It binds the defendant until it is set aside.…

…On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered. A mentions date was taken for November 11, 1984.…

…emanating from various ends there was an excess payment of Kshs 54,535.55 not accounted for and which ought to be refunded to him; Mr Simba annexed to his letter certain vouchers the effect of which are that the counsel for the decree…

…...................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 of decree…

…this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge, or could not be produced by him at the time when the decree…

…..................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree…

…The applicant may also be required to provide security for due performance of such decree or order as may ultimately be binding on the applicant.…

…VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree…

…Another requirement of that order nisi on the Garnishee is that the should attend the court on the application by the decree holder on October 23, 1990, and that the Garnishee pays to the decree holder the debt due from the…

…This is more so when the Garnishee swears that no debt is due from it to the judgement debtor and that has not been contradicted by the decree holder.…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…The vehicle therefore still remained the property of the judgment debtor in August, 1992 and the decree holder was entitled to have the vehicle attached and sold in execution of the decree issued against the judgment debtor…

…Subsequently a decree was drawn up and issued.…

…compromise of suits” the following passage is found:- “It would seem that the proper procedure in cases where forfeiture clause is in the form ... is to enforce the forfeiture not by an application to execute the consent decree…

…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.…

…Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…Secondly that the decree issued herein on 26th March, 1993 be reviewed on grounds inter alia:- "a.There has been discovery of new and important matters which after exercise of due diligence was not within the plaintiff's…

…No. 73: Decree given on 14.6.84 and issued on 30.4.85. Doc. No. 74: Settlement, Agreement between the bank and 3rd plaintiff dated 4.1.85. Doc.…

…and that each plaintiff satisfied the decree.…

…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…

…Although she admits that the marriage between her and the second defendant has been dissolved by a decree of divorce she says in paragraph 9 of her affidavit that he should nevertheless settle the bill because he is a millionaire…

…Order XLI Rule 4(i) requires that such applications ought to be made in the first instance to the court (underlining mine) from whose decree or order the appeal is taken.…

…The respondent also produced a certified copy of the decree and a certificate of costs.…