Case law
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Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…
Division and case type: CivilCivil Case
…Ransley on the 19th November, 1986 and filed herein on that date it is deponed in paragraphs 3, 4 and 5 as follows- “That I spoke to Alnoor Kassam the Managing Director of the Diners Club for whom we also acted prior to the execution…
…The members register had however been completed pursuant to the preparation and execution of share transfers in respect of the majority of the shares. The shares therefore appeared to be property of Xzit Ltd.…
Division and case type: CivilCivil Appeal
…and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000/= upon the execution…
Division and case type: CivilMiscellaneous Application
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…
Division and case type: CivilCivil Suit
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…
Division and case type: CivilCivil Case
…that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs 25,000/-; the defendant was given liberty to file a counter claim and the execution…
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…
Division and case type: CivilCivil Appeal
…It is analogous to the series of cases, which occur with disturbing frequency and with which this Court is becoming increasingly concerned, where the wrong person’s goods are attached in execution of a court warrant.…
…For my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or…
Division and case type: CivilCivil Appeal
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCase number Civil Application
…proceed with the appeal because there was delay in furnishing him with certified copies of the proceedings and judgment and also that the two interlocutory applications, the first on behalf of the applicant for a stay of execution…
Division and case type: CivilCivil Appeal
…The order for accelerated execution of the decree was not asked for and the appellant had no opportunity to oppose it and, with respect, it should not have been made. It must be set aside.…
…These orders for interest and execution before taxation apart, the learned judge, in my view, reached the right conclusion and the appeal should be dismissed with costs.…
Division and case type: CivilCivil Appeals numbered
…respondent will have costs of the applications which, to save time, I assess at shs.4,000/= for both applications which sum must be paid by the applicant to the respondent's advocate within the next 21 days failing which execution…
Division and case type: CivilCivil Case
…This is also shown in a document made out by the court broker who failed to levy the execution in one of the decrees which I have refered to above.…
Division and case type: CivilCivil Appeal
…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…
Division and case type: Environment and LandLand Case
…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…
Division and case type: CivilCivil Case
…It is common ground that Kshs.50,000/= was paid upon execution of the agreement leaving a balance of Kshs.70,000/= which has not been paid to this day.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…If this is so the same should have been filed in court for purposes of execution. Dated and Delivered at Nairobi this 4th July4, 1989, B.K. TANUI …………… JUDGE…
Division and case type: CivilCase number Civil Application
…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…
Division and case type: CivilCivil Appeal
…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…