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…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.…

…In the meantime on November 19, 1984 the really outstanding judgment debtor C S Mwangi Simba wrote to the court complaining that as a result of the execution orders made and payments emanating from various ends there was…

…................................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.…

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

…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…

…of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide within 30 days…

…In his first affidavit Mr Kalinga had also stated that the execution of the decree had been stayed but he has not produced certified copy of the said order of stay.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…...................................................................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…

…Mr Keyonzo however argued that the transfer was fraudulent as at the time it was done execution was in process.…

…Under that section the goods of a judgment debtor are deemed to be under attachment as from the time the warrant is delivered to the court broker until the execution is completed and any alienation in the meantime is declared…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…

….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…

…I must therefore stay execution of the order as prayed and also set it aside.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…There is now before me an application by way of Chamber Summons under Order 41 Rule 4 and order 21 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for orders that there be a stay of execution pending…

…However, that notwithstanding, the applicant has to satisfy the requirements of order 41 rule 4(2) in order to secure stay of execution.…

…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…

…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…

…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.…

…U L I N G The application dated 25th September, 2002 and filed in court on 26th September, 2002 relates to appeal numbers 116 of 1993 and 117 of 1993 in which Honourable Justice Shields, as he then was, ordered stay of execution…

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

…It is common ground that subsequent to the execution of the deed each of the defendants refused to pay Kshs 250,000 as stipulated in the deed to the plaintiff, and the plaintiff has instituted this action for recovery of…

…His concurrence, therefore, either by execution of the document or by adoptive acts, is an implied condition of the validity of the arrangement, and if such concurrence is not obtained the arrangement is not binding even…

…An order staying the execution of the decree issued by the court on April 7, 1986. 2.…

…Some of his creditors obtained judgment against him and proceeded into execution. His assets were seized under a write of Fifa and were taken over by auctioneers for sale.…

…The Defendant continued to pay the rent at all material times to the Plaintiff, and since the sub-lease contained an express provision that pending execution and registration of the sub-lease the Defendant should be bound…

…He also pointed out that the agreement in question could not have been registered as a sub-lease itself because it did not comply with the requirements as to execution under section 58(4) of the Registration of Titles Act…